IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


l.l 


^  m  |||||22 


M 


2.0 


1.8 


1.25      1.4 

1.6 

M 6"   — 

► 

Hiotograpiiic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

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<^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHfVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Inatituta  for  Historical  IVIicroraproductions 


Institut  Canadian  da  microraproductions  historiquaa 


1980 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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n 


n 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


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Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


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to 


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Pages  damaged/ 
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I      I    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 

I      I    Pages  discoloured,  stained  or  foxed/ 


Th 
po 
of 
fill 


Or 
be 
th( 
sio 
oti 
fin 
sio 
or 


I      I    Pages  detached/ 


Pages  ddtach^es 


n/l 


Showthrough/ 
Transparence 


I      I    Quality  of  print  varies/ 


D 


Quality  inSgale  de  {'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


Th 
sh) 

Tir 

wli 

Me 
dif 
enl 
be) 
rigl 
req 
me 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
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obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


s/ 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


32X 


I 

tails 
t  du 
odifier 
une 
mage 


The  copy  filmed  here  has  been  reproduced  thanks 
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Archives  of  Canada 

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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


L'exemplaire  filmA  fut  reproduit  grice  A  la 
gAn^rosit*  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
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conformity  avec  les  conditions  du  contrat  de 
fllmage. 

Les  exemplairas  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  fiimis  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
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originaux  sont  filmds  en  commen^ant  par  la 
premiire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaTtra  sur  la 
dernidre  image  de  chaque  microfiche,  seion  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE  ",  le 
rymboie  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  rMuction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich6, 11  est  fiim«  A  partir 
de  Tangle  supirieur  gauche,  de  gauche  i  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


rrata 
o 


lelure, 
1  d 


3 


32X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

I 


THE  WORKS 


Of 


HUBERT  HOWE  BANCROFT. 


TPIE  WORKS 


or 


HUBERT  HOWE  BANCROFT. 


VOLUME   XXXVII. 


POPULAR    TEIBUNALS. 

Vol.  II. 


SAN  FRANCISCO: 
THE   HISTORY  COMPANY,  PUBLISHERS. 

1887. 


EnreroJ  ucvovaiw^  t„  Art  of  Congress  In  the  Year  ]S87,  ),y 

HUIiE]iT  H.  BANCROFT, 
lu  the  Offiee  of  the  Librarian  of  Congress,  at  Washington. 


All  m,,lil.i   n,'.scrr,'d, 


TO 


WILLIAM  T.  COLEMAN, 

CiUKV  OF  niE  Gkeatest  Popular  Tribunal  the  World  has  kveb 

WiTKESSED, 


I  DEDICATE  THIS  VOLUME. 


COOT^NTS  OF  THIS  VOLUME. 

CHAPTEB  I.  "«■• 

BAIJX)T-BOX  BTUrnNQ, 1 

CHAPTEB  n. 
assasshtatiok, 22 

CHAPTER  m. 

THE  PBIKCE-07  VHXAINS, 41 

CHAPTER  IV. 

THE  LOOSINa- -OF- LATENT  LAW,  55 

CHAPTER  V. 

GENESIS  07  THE  OBAND  TRIBUNAL, G9 

CHAPTER  VI. 

COMPLETION  OP  "THE  0BGANI2ATI0N, 84 

CHAPTER  Vn. 

THE  EXECUTIVE -COMMITTEE  OF   ISHC,  114 

CHAPTER  Vin. 

THE  LAW  AND-OEDER  PAETT, 141 

CHAPTER  IX. 

THE  GOVERNOE,  THE  GENEEAL,  AND  THE  PRESIDENT   OF  VIGILANCE,     161 

(V) 


rr 


ft  CONTENTS. 

CHAPTER  X.  '^«« 

ATTACK  ON  THE  JAIL,  AND  SEIZUBE  OF  THE  fBISOmiBfl,      .      .      .     17G 

CHAPTER  XI. 

I'URTUEIi  OUTWAUD  MANIFESTATIONS,     .........     104 

CHAPTER  Xn. 

TUE  PEBILS  U7  JOUBNAUSM, 205 

CHAPTER  Xin. 

TRIAL  AND  EXECUTION  OF  OASET  AND  COBA, 22G 

CHAPTER  XIV. 

ailE  HONORABLE  EDWABD  McOOWAN, 244 

CHAPTER  XV. 

ARREST  AND   EXILE, ,      .     2C>" 

CHAPTER  XVI. 

DKCLABATION   OF  WAB, 284 

CHAPTER  XVn. 

rUTILE  ATTEMPTS   AT  KECONCILUTION,        .      .     , 304 

CHAPTER  XVm. 

CONCUERENT   EVENTS, •      ...     324 

CHAPTER  XIX. 

SWIFT  AND  SILENT  MECHANISM, 344 

CHAPTER  XX. 

THE  GOVERNOB  INVOKES  FEDERAL  AID, 358 

CHAPTER  XXI. 

ARREST  OF  TERBY,  JUDGE  OF  THE  SLTEEME  COUBT,   ....  370 

CHAPTER  XXn. 

CAPXUKE  OF  THE  ENTIRE  CHIVALRY  FORCES,  3S7 


PAOE. 

•  •  170 


104 


•  •  •  205 


220 


•  .  284 


338 


370 


387 


COXTENTS.  ^»a 

CHAPTER  XXin.  PAGE. 

PEEPARAnON  FOB  TRUL, 4q.> 

CHAPTER  XXIV. 

THE  PRISONEn  AND    IHS  VICTIM, 4]j) 

CHAPTER  XXV. 

THE  TXUiiL.-" 434 

CHAPTER  XXVI. 

JOHNSON   AND   HIS   GENTLE   GENFILVL, 443 

CHAl'J  i]R  XXVII. 

THE  VERDICT, .  .,.r, 

'  400 

CHAPTER  XXVIII. 

HETHERINGTON   AND   BRACE,  4^- 

CHAPTER  XXIX. 

ARREST   AND   TRIAL   OP   DURKEE    AND   RAND   VOH   PIEACy,        .       .       .     50I 

CHAPTER  XXX. 

THE   PUEBLO  PAPERS, rio 

•        •         •        •         •         •01 1) 

CHAPTER  XXXI. 

FINAL  ADJOURNMENT, .„„ 

'  o2G 

CHAPTER  XXXII. 

EASTERN  AND   EUROPEAN  OPINION, 541^ 

CHAPTER  XXXIII. 

THE  CASE  OF  HERBERT — FEDERAL  FROWNING  S.   .  ru-.^ 

CHAPTER  XXXIV. 

THE  governor's  WITHDRAWAL  OF  HIS  PROCLAMATION  AND  MESSAGE,     575 

CHAPTER  XXXV. 

THE   EXPATRLiTED ^nn. 

'  590 


viii  CONTENTS. 

CHAPTER  XXXVI.  "<»« 

SUITS  AND  ANNOYANCES, gjQ 

CHAPTER  XXXVn. 

POLITICS   AND   VIGILANCE, .624 

CHAPTER  XXXVin. 

THE  FBCITS  OF  VIGILANCE, 539 

CHAPTER  XXXIX. 

REFLECTIONS  AND  LESSONS, 664 

CHAPTER  XL. 

THE  LABOR  AGITATION  OF  1877-8 69G 


POPULAR  TRIBUNALS. 


CHAPTER  I. 

BALLOT-BOX    STUFFING. 

■\Mion  bad  men  combine  the  good  must  associate ;  else  tliey  will  fall  one 
by  one,  an  unpitied  sacrifice  in  a  contemptible  struggle. 

Edmund  Ihirb:. 

This  voluino  has  boon  reserved  for  the  presentation 
of  the  acts  of  the  Grand  Tribunal  organizetl  by  the 
citizens  of  San  Francisco  in  185G. 

Since  the  organization  of  1851  a  change  lias  come 
o\-cr  our  youthful  city.     In  the  business  streets  are 
iound  evidences  of  a  perniancnt  progressive  coninion- 
Avealtli;  in  the  suburbs  substantial'  houses  to  some 
extent  have  taken  the  place  of  white  tents  and  board 
shanties.     Throughout  the  state  the  change  is  little 
less  marked.     The  entire  population  do  iiot  now  as 
iormerly  Avander  from  place  to  place  in  their  hunt  for 
gold  like  the  red  man  in  search  of  food;  but  civilized 
industry,  agriculture,  manufactures,  and  tlie  gentler 
arts  of  domesticity  have  taken  their  place  besicie  com- 
merce and  mining,  and  men  plant  as  if  intending  to 
await  the  harvest.     Meanwhile  hope  assumes  a  rosy 
hue.    That  first  receding  wave  of  fortune  which  leaves 
heart-smking  disap])()intmeiit— all,  who  that  has  felt 
It  can  ever  forget  it!— incident  to  failure  to  secure 
wealth  within  the  first  three   months  of  venture  is 
returning,  freighted  with  nobler  than  gold-digging  re- 
solves.    The  skies  of  California,  how    inspiring  they 

Pop.  Twd.,  Vol.  II.    1 


2  BALLOT-BOX  STUFFING. 

arc;  t!io  liauglity  sun,  how  kind  it  has  become;  and 
how  radiant  the  vernal  hills,  the  sparkling  streams! 
The  bellowing  billows  of  ancient  ocean,  so  lately- 
sounding  despair,  now  break  upon  the  expectant  shore 
in  hai)pior  harmony,  singing  to  the  pregnant  valleys  a 
grandsiro's  lullaby.  The  stars  are  all  gathering  over 
California;  the  air  is  fragrant  with  fresh  longings. 
Gentle  woman  comes,  and  with  her  soothing  presence 
turns  to  contentment  the  restless  romance  of  sorrow. 
The  voices  of  children  are  heard.  Ambition  becomes 
fixed  and  reasonable  as  the  shiftinu'  sands  of  San 
Francisco  assume  a  value  approaching  that  of  gold- 
dust.  Gambling-saloons  and  dens  of  infamy  disappear 
from  the  more  public  places,  and  school-houses  and 
churches  mark  the  elevation  of  mind.  A  paradise 
of  home  and  home-land  opens  to  the  so  lately  gold- 
blinded  adventurer.  Here  is  a  habitation  for  free 
men  and  chaste  women;  here  virtue  shall  rest  and 
renew  herself,  and  men  shall  defend  her. 

Thus  to  the  eyes  of  those  who  now  began  to  call 
themselves  Californians  began  to  appear  California 
in  the  years  1852  and  1853.  After  that  the  city- 
builders  grew  a  little  captious,  which  mood  is  born  of 
money,  ever  potential,  and  none  the  less  imperative 
by  reason  of  its  scarcity.  The  great  wave  of  prosper- 
ity, swelling  since  the  influx  of  1849,  has  begun  it; 
subsidence.  Gold  is  no  longer  as  plentiful  as  cobble- 
stones; residents  wear  wry  faces,  and  eastern  shippers 
curse  the  country.  The  winter  of  1854-5  was  dry. 
Early  in  1855  banks  begin  to  fail,  and  during  the 
months  which  follow,  a  financial  storm  sweeps  over  the 
state.  Investigations  incident  to  monetary  disrup- 
tions exhibit  a  rottenness  in  the  financial  institutions 
of  the  country  little  calculated  to  inspire  confidence. 
Rascally  receivers  are  appointed  to  settle  the  afl^airs 
of  rascally  bankers,  and  the  suits  and  embezzlements 
which  follow  leave  little  for  creditors. 

The  evil-doers  of  former  days,  baptized  into  a  vir- 
tuous life  by  the  fires  of  1851,  now  appear  upon  the 


POLITICS  AXD  PARTIES. 


streets  in  (lazzlliig  hue.s,  like  serpents  flaniinn'  fiDin 
their  cast-otF  winter  gear  in  the  ghttering  spring  sun- 
light. 

Likewise  polities  and  villain}^  are  different  from 
wliat  thev  were.  State  finances  are  in  a  dei>loral)le 
condition.  With  constitutional  power  to  create  a  debt 
not  exceeding  three  hundred  tliousand  dollars,  the  state 
owes  twelve  millions.  The  liberal  gifts  of  the  general 
government  in  swamp  and  tide  lands  for  school  jiur- 
j)oscs  have  been  frittered  away.  While  yet  in  lier 
nonage  California's  vast  inheritance  has  been  swal- 
lowed l)y  hungry  sharks,  and  now  debt  and  tallc  of 
repudiation  are  the  burden  of  her  metUtations.  The 
state  legislature  is  a  scoft'  and  a  by-word,  a  I'enroach 
to  common  intelligence,  common  honesty,  and  com- 
mon decency.  Its  members  for  the  most  part  arr  the 
tools  of  unscrupulous  knaves,  who  buy  and  sell  tliem 
like  sheep  in  the  shambles,  even  as  we  see  done  to-day. 

"At  this  time  the  state  and  city  governments  liad 
Itecome  little  less  than  organized  systems  for  pubjii- 
plunder,"  writes  H.  P.  Coon,  an  attentive  observer  of 
public  affairs,  in  a  manuscript  narrative  contributed 
to  the  history  of  this  epoch. 

At  this  juncture,antagonistic  to  the  so  long  dominant 
democracy,  arose  the  know-nothing  party,  ]»romising 
radical  reform.  Good  citizens  believed  their  prouiiscs, 
and  many  who  did  not  care  to  join  their  wigwams 
sympathized  and  voted  with  them.  At  the  autumn 
ek'ctions  of  1854  the  new  party  was  irresistible.  The 
manipulators  of  elections  had  thought  to  outcount  the 
rt'tbrm  candidates  at  the  polls,  but  tlieir  o[)poni'nts 
were  too  strong  and  too  watchful  for  them.  Thr  iiuw 
])arty  came  into  power  and  the  people  breathed  more 
lV(,'ely.  Great  things  were  expectetl  of  them.  Ijut 
alasl  within  their  ranks  had  crept  the  ancient  spoil- 
men.  Disappointment  was  the  fruit  of  victory. 
Taxes  increased  to  four  dollars  on  the  hundred,  and 
the  money  collected  was  dissipated  by  ofHcials  imme- 
diately it  touched  the  treasury  box.     Those  wIkj  held 


<Tffr 


4  ballot-box  stltfixg.  ■• 

claims  for  labor  or  material  were  obliged  to  rcf'eive  in 
payment  scrip  whose  market  value  was  from  twenty 
to  thirty  cents  on  the  dollar,  thus  obliging  the  city  to 
pay  often  five  prices  for  everything.  Into  the  capa- 
cious maw  of  the  political  banking-house  of  Palmer, 
Cook,  and  Company,  on  Kearny  street,  went  the 
people's  money,  of  which  there  was  an  abundance  col- 
lected for  all  necessary  purposes,  and  thence  it  was 
distributed  to  those  who  sustained  the  organized  sys- 
tem of  plunder. 

"  No  perjury  was  too  black,  no  murder  too  foul," 
says  Mr  Coon,  "if  they  were  nccossary  to  support 
that  system  or  to  extinguish  opposition  to  it.  Crim- 
inals of  every  shade  had  influence  with  the  govern- 
ment and  the  administration  of  the  laws,  and  petty 
thieves  and  vagrants  were  almost  the  onlv  ones  whoso 
crimes  were  punished.  The  entn^e  public  press  had 
become  subsidized,  or  overawed,  and  whosoever  raised 
his  pen  or  his  voice  against  the  evils  of  the  times  be- 
came a  marked  man." 

The  impudent  vagabonds  of  low  extraction  who  had 
seized  the  reins  of  government,  ruled  the  staid  ad- 
herents to  eastern  morals  as  though  the}'  possessed 
some  inherited  rij^ht  to  such  domination.  With  this 
doctrine  they  seem  to  have  been  impregnated,  like 
Thracian  mares,  by  the  wind.  But  the  ver}'  impu- 
dence of  their  pretensions  drew  them  on  to  swifter 
destruction.  There  are  never  lacking  men  as  fond  of 
poM'cr  as  the  bear  is  of  honey,  who  often  get  stung 
by  thrusting  their  nose  into  a  hornet's  nest.  It  was 
the  governing  element  in  the  community  which  most 
of  all  required  governing. 

These  politicians  whom  the  attractions  of  public 
plunder  had  welded  into  powerful  rings,  exercised  in 
San  Francisco  a  tj^ranny  far  more  despotic  and  galling 
than  that  which  preceded  the  separation  of  the 
American  colonies  from  the  kingdom  of  George  III. 
The  political  power  which  they  had  usurped  gave  them 
control  of  the  ignorant  and  subservient  masses,  while 


VICE  IX  VIRTUE'S  LrV'ERY. 


■c^eive  in 
1  twenty 
le  city  to 
the  capa- 
Palmcr, 
ycnt  the 
lance  col- 
ic it  was 
lized  sys- 

too  foul," 
►  support 
.  Crim- 
(  govern - 
nd  petty 
tes  whose 
)ress  had 
rcr  raised 
times  be- 

who  had 

itaid  ad- 

)osscsscd 

nth  this 

;ed,  like 

y  impu- 

swifter 

fond  of 

et  stung 

It  was 

ch  most 

f  public 
rcised  in 
I  fjallinu' 
of  the 
rge  III. 
,ve  them 
's,  while 


the  prestige  of  legitimacy  drew  to  their  supjiort  many 
\vcll  meaning  citizens,  just  as  in  past  ages  the  fjinati- 
cisui  of  divine  kingship  arrayed  multitudes  of  good 
men  against  struggling  patriots. 

Slowly  fell  upon  them  the  conviction  of  the  best 
men,  as  they  strove  to  rescue  municipal  affairs  from 
the  increasing  misrule  of  the  officials  and  their  as- 
sociates, that  they  had  been  sleeping;  that  the  moral 
force  of  the  community,  which  signifies  the  majority, 
^vllile  deeming  themselves  but  transient  sojourners  iu 
California,  and  while  absorbed  in  their  eager  pursuit 
of  wealth,  had  paid  little  attention  to  public  affairs, 
and  before  they  were  awakened  to  the  importance  <  )f 
these  duties  the  unprincipled  men  who  had  acquired 
the  offices  had  consolidated  their  strength  and  had 
skilfully  combined  so  as  to  hold  the  balance  of  power 
between  the  political  parties  and  retain  control  of  the 
government.  Thus  again,  unhappily,  to  the  law^  came 
evil  days.  Following  its  first  rescue,  it  performed  its 
functions  for  a  time  with  fair  success,  until  it  'jjew  so 
strong  that  its  enemies  despaired  of  ever  again  beat- 
ing it  to  the  wall.  So  they  set  themselves  about  to 
suljvert  it  to  their  own  purposes.  It  was  now  strong, 
l)ut  its  strength  was  turned  against  itself.  Behind  the 
shield  raised  against  crime,  crime  itself  was  stationed 
with  the  sword  of  justice  in  its  hand.  Sitting  in 
judgment,  villains  sold  justice  for  money,  or  sent 
triumphant  vice  abroad  in  the  livery  of  virtue.  And 
iKjw  once  more  from  an  outraged  community  there 
went  up  a  protest,  low-whispered  at  the  first,  but 
<jatherintj  stremjth  and  volume  as  thousfht  took  on 
the  form  of  words,  and  words  merged  into  works, 
now  a  protest  against  wickedness  in  high  places  as 
hitlierto  it  had  been  against  vulgar  vice.  Again  the 
time  had  come  for  an  appeal  to  whatever  may  be  the 
ultimate  of  a  free  people.     Salus  i^opuli  suprema  lex. 

It  was  a  cunning  contrivance,  that  by  which  the 
rascals  voted  themselves  into  office.     Not  that  they 


BALLOT-BOX  STUFFING. 


had  but  one  method  of  circumventing  honest  men. 
Tliere  were  more  than  can  be  told ;  more  than  will  bo 
ever  known.  One  must  indeed  be  wise  to  thread  the 
intricate  paths  of  primaries,  to  know  the  full  power  of 
money,  of  whiskey,  of  harlotry,  and  other  hellish  en- 
vironment. Nevertheless  it  was  a  piece  of  creditable 
cunning,  the  stuifer's  ballot-box,  as  they  called  it.  In 
crime,  as  elsewhere,  art  follows  closely  the  heels  of 
industry. 

Like  the  freshly  shaved  and  newly  white -shirted 
bully,  rejoicing  in  a  full  stomach,  a  fine  cigar,  and  fat 
prospects,  seasoned  with  the  hope  of  illicit  gains,  all 
was  fair  upon  the  outside,  all  was  smiling  and  serene. 
Further  than  this,  further,  unhappily,  than  the  bully 
comparison  can  be  carried,  all  was  fair  upon  the  inside. 
It  was  a  ballot-box,  this  new  and  reliable  instrument 
for  officer-making,  a  common  vote-lioldcr,  to  all  ap- 
})earances,  of  honest  and  homely  plainness  without 
and  within.  The  evil  of  the  machine  lurked  in  the 
thin  compass  of  sides  and  bottom. 

One  of  them  was  found  by  the  Vigilance  Com- 
mittee of  185G  and  placed  on  exhibition  at  their 
rooms.  It  was  the  little  voter-engine  employed  by 
the  prize-fighter  Yankee  Sullivan  while  acting  in- 
spector of  the  first  precinct  election,  and  which  made 
supervisor  James  P.  Casey,  of  wIkjui  we  shall  know 
more  presentlv.  The  box  was  about  two  feet  lonij, 
f(jurteen  inches  wide,  and  a  foot  dee[),  and  the  outside 
was  painted  dark-blue.  Round  the  bottom  ran  a  neatly 
fitted  moulding,  connected  with  two  inner  slides,  and 
constituting  a  false  bottom  and  a  false  side.  The  lock, 
apparently  an  ordinary  one,  and  worked  in  the  usual 
way  with  a  key,  might  also  be  sprung  by  a  peculiar 
pressure  on  one  side  of  the  lid.  About  the  middle  of 
the  cover  was  bored  an  auger-hole,  which  received  the 
V(.)tes.  The  second  or  false  bottom  and  side  were  neatly 
fitted  to  run  in  grooves  inside  the  real  side  and  bottt)m, 
so  that  when  closed  both  the  inside  anil  outside  pos- 
sessed the  appearance  of  a  simple  plain   box.     Tlio 


THE  LITTLE  ELECTOR.  7 

general  construction  of  the  engine  was  somewhat 
rough,  which  if  anything  assisted  in  deceiving  tlie  ob- 
server, who  would  never  suspect  dishonesty  in  mech- 
anism so  simple. 

Let  us  now  set  the  thing  going  and  see  how  it 
works:  Sullivan  wants  Casey  elected,  and  Case}' 
desires  to  place  upon  the  bench  a  judge  jifter  his  own 
lieart,  so  that  when  he  or  any  (jther  gentleman  wislies 
to  kill  some  unreasonable  citizen,  or  any  worker  silly 
enough   to   complain   of  reasonable  bleeding  at  the 


hands  of  the  non-workers,  no  one  shall  be  hurt  for  it. 
It  is  all  in  the  ftimily;  the  fraternity  are  to  elect  their 
ticlvct.  Sheriffs,  constables,  and  judges  are  all  useful 
in  their  way;  it  is  so  much  easier  to  do  things  accord- 
ing to  law  and  order,  to  be  resjiectable  in  one's  villainy, 
and  sleep  well  o'  nights.  Sullivan  therefore  takes  a 
l)un(lle  of  the  tickets  bearing  the  honored  names  of 
C'asey,  McGowan,  Duane,  and  that  class,  and  neatly 
folding  them  draws  out  the  slide  and  lllls  with  them 
the  space  between  the  true  bottom  and  the  i'alse  one. 
The  side  space  is  likewise  stuli'ed ;  the  slides  ai'e  shoved 


i 


BALLOT-BOX  STUFFING, 


baclc  to  place,  and  nothing  is  seen  of  the  mighty  power- 
papers  concealed  by  bottom  and  side,  nothing  but  a 
plain  honest  ballot-box,  inside  and  outside. 

Now  lock  it.     Give  the  key  to  the  proper  officer. 
As  in  their  mighty  sovereignty  the  citizens  of  this 
all-knowing  republic  draw  near  and  deposit  their  votes, 
drop  the  tickets  in  at  the  auger-hole  bored  for  that 
purpose,  drop  them  in  thankfully  on  behalf  of  those 
who  every  night  on  bended  knees  send  up  thanksgiving 
that  their  lot  has  been  cast  in  a  land  where  all  men 
are  free  and  equal,  where  the  sacred  right  of  suffrage 
is  the  inheritance  of  all,  sedately  sits  Sullivan,  keep- 
ing careful  tally  in  his  mind  how  the  election  goes. 
At  the  closing  of  the  polls  let  the  inspector  fill  the 
aperture  in  the  top  with  wax,  and  let  all  the  people 
witness  it,  for  there  must  be  perfect  fairness  in  this 
election.    Seal  up  the  box  and  swear  as  to  the  contents. 
Surely  everything  is  correct  now;    surely  all  has 
been  conducted  in  strict  accordance  with  law.    Jealous 
political  opponents  have  watched  that  box  all  day, 
and   half  a   score  of  them   can   swear  that  it  was 
not  opened  or  disturbed   throughout   the  day,  and 
that  not  a  single  ticket  was  put  into  it  which  was  not 
fairly  voted.     The  opposition  to  the  imposition  are 
sure  their  ticket  is  elected;  Yankee  Sullivan  is  sure 
it  is  not,  or  if  it  be  now  it  will  not  be  presently. 
Yankee  coughs ;  the  other  inspectors  turn  their  heads 
aside,    when,   unobserved,   Yankee    takes    the    box, 
fumbles  it  somewhat,  draws  out  the  magic  bottom, 
turns  the  box  over,  and  shoves  back  the  slide.     If 
he  thinks  this  not  sufficient,  he  does  likewise  to  the 
magic  side.     The  officer  may  now  unlock  the  box; 
the  judges  may  count  the  votes.     It  is  very  strange, 
the  result  of  that  election,  to  the  single-hearted  citizen 
watching  for  his  country's  good ;  to  the  initiated  it  is 
strange  only  that  so  simple  a  contrivance  should  have 
escaped  the  notice  of  liberty -lovers  so  long. 

It  was  a  trick  exceedingly  difficult  to  expose,  even 
after  it  was  known  to  be  in  common  practice;  and 


:ty  power- 
ing but  a 

2r  officer. 
IS  of  this 
icir  votes, 
!  for  that 
of  those 
iksgiving 
all  men 
'  suffrage 
an,  keep- 
on  goes, 
r  fill  the 
le  people 
s  in  this 
3ontents. 
r  all  has 
Jealous 
all  day, 
it  was 
ay,  and 
was  not 
ion  are 
is  sure 
esently. 
r  heads 
box, 
jottom, 
de.     If 
to  the 
le  box; 
trange, 
citizen 
ed  it  is 
d  have 

,  even 
e;  and 


SNATCHIXG  VERSUS  STUFFTN'O.  9 

had  not  the  stufFers  finally  hurled  themselves  to  de- 
struction upon  the  points  of  their  own  passions  the 
evil  would  have  continued  much  longer.  If  from  any 
cause  the  manoeuvres  of  the  stufFers  failed  them  at 
the  polls;  if  inspectors,  judges,  and  clerks  of  elections 
were  not  of  their  appointing,  and  the  voting  in  conse- 
quence was  likely  to  be  against  them,  as  a  last  resort 
some  desperado  among  them  would  seize  the  box, 
break  it  open,  and  destroy  the  ballots.  The  bully 
jniirht  be  arrested,  but  there  was  nothing  fearful  in 
that;  and  at  the  new  election,  which  of  necessity  must 
be  ordered,  the  unholy  brotherhood  would  awaken  tc 
a  sharper  sense  of  their  duty. 

The  Committee  finally  took  the  ground  that  ballot- 
box  stuffing  was  worse  than  murder;  because  on  the 
purity  of  the  ballot-box  depended  the  purity  of  all  law 
and  government,  of  governors,  legislators,  judges,  and 
jail-keepers.  Pollute  the  spring,  and  the  entire  stream 
is  polluted.  Not  that  political  criminals  were  ever 
]>unislied  by  them  as  murderers,  because  they  never 
would  transcend  with  their  power  the  punishment 
prescribed  by  law  for  offences. 

A  system  of  ballot-box  stuffing  then  in  vogue  was 
exposed  by  the  Times  and  Transcrij^t  in  1854.  Be- 
sides the  false  bottom  and  sides  of  the  box  of  185G, 
there  was  contrived  a  machine  by  means  of  which  the 
inspector,  or  person  depositing  the  vote,  by  touching 
a  spring  which  controlled  the  opening,  could  either 
admit  the  ticket  into  the  box  proper,  or,  if  he  did  not 
like  the  looks  of  it,  send  it  where  it  would  never  be 
counted.  Another  method  was  to  install  as  receiver 
a  sleight-of-hand  artist,  who,  while  closely  watched  by 
the  voter,  could  without  detection  substitute  a  ticket 
of  his  own  for  the  one  voted. 

At  a  charter  election  held  on  the  lltli  of  April 
185(3  the  polls  in  the  first  ward  were  held  at  the  ]iay 
Hotel,  on  Cunningham's  wharf  Harry  Meiggs  was 
running  for  alderman,  and  carrying  everything  before 
him.     One  William  Lewis,  a  waterman  on   Pacific 


II    Hi 


10 


BALLOT-BOX  STUFFING. 


Wharf,  thinking  lioncst  Harry  was  winning  his  eiec- 
ti(jn  too  easily,  and  witliout  payment  of  the  usual  fees 
to  laborers  of  his  quality,  trumped  up  a  crowd  of 
illegal  voters  for  the  opposing  candidate,  and  delayed 
the  polling  as  much  as  possible  by  challenging  every 
man  whom  he  supposed  likely  to  vote  for  Meiggs. 
Finding  that  all  these  efforts  were  made  in  vain,  and 
that  Meiggs  still  had  a  large  majority,  Lewis  stationed 
himself  near  the  window,  and  when  the  inspector's 
back  was  turned  thrust  in  his  hand,  seized  the  ballot- 
box,  and  threw  it  into  the  street,  smashing  it  in  pieces, 
and  scattering  the  votes  irrecoverably  to  the  winds. 
Lewis  was  arrested  and  made  to  sufier  the  full  penalty 
of  the  law  for  the  display  of  his  new  method  of  de- 
feating a  candidate;  but  this  was  only  after  measui'es 
for  reform  had  been  inaugurated. 

And  at  the  same  polls  the  year  following,  says  the 
editor  of  the  Herald,  not  as  yet  the  open  friend  and 
suj^porters  of  the  stutiers,  the  8th  of  September  1854, 
just  after  the  general  election: 

"The  men  who  have  control  of  the  ballot-box  in  the  first  ward  have 
(loliud  law  and  precedent  in  refusing  to  allow  any  witnesses  of  tlieir  midnight 
count.  Tliey  have  carried  tilings  with  a  higli  luind,  even  if  the  airiants  wlio 
swear  on  tlic  lioly  evangelists  that  they  saw  them  destroying  the  ballots  and 
putting  others  in  their  stead  are  guilty  of  perjury.  If  they  are  not  so  guilty, 
if  they  have  told  the  truth,  the  swift  vengeance  of  an  outraged  people  will 
be  and  should  be  visited  upon  the  creatures  who  would  thus  dare  to  trample 
upon  the  sacred  rights  of  freedom  and  pollute  with  sacrilegious  liands  the 
very  fountains  of  American  liberty.  Wc  say  to  the  ruffians  who  have  en- 
deavored to  tfilcp  this  election  out  of  the  liands  of  the  people,  who  have  been 
striving  with  bludgeon,  dagger,  and  pistol  to  ride  rougli-shod  over  the  people, 
that  there  is  a  feeling  abroad  that  bodes  danger  to  them.  They  are  standing 
upon  a  volcano  that  may  burst  at  any  moment.  Tlie  purity  of  the  ballot-box 
will  be  preserved  at  any  and  all  hazards,  and  if  its  assailants  are  exterminated 
in  the  struggle  no  tears  will  be  shed  by  the  honest  and  upright  citizens  of 
San  Francisco." 

Ballot-box  stuffing  began  in  San  Francisco  at  an 
early  day.  On  the  25tli  of  September  1851  Fran- 
cisco Sanchez  and  x\.rsenio  Miramontcs,  native  Cali- 
fornian  citizens,  and  election  inspector's  of  the  eleventh 
precinct,  profoundly  shocked  at  the  depravity  of  their 


PATENT  BALLOT-BOXES. 


11 


iicasurc'S 


ward  havo 


Anglo-Saxon  associates  in  their  profanation  of  what 
tliey  dccnied  next  to  their  rehgion  a  thing  most  sacred, 
filed  in  the  county  court  an  affidavit  exposing  a  fraud 
pLr[)etrated  on  that  occasion. 

In  the  primary  elections  of  June  1854  ruffianism 
was  again  dominant.  Throughout  the  whole  of  elec- 
tion day  fighting  was  kept  up,  with  scarcely  any  inter- 
mission. In  all  the  different  wards  rowd^^sm  was 
rampant.  Whiskey  flowed  like  water,  voters  were 
hustled  about  by  the  villainous  crowds  that  surrounded 
the  polls,  shots  were  fired,  and  in  some  places  serious 
riots  occurred.  Human  faces  divine  appeared  bel'oie 
the  recorder  next  day  mashed  into  the  shape  of  a 
squeezed  orange.  Says  a  journal  of  the  day :  "A  law- 
k'^>s  horde  of  brawling  scamps  are  let  loose  to  brow- 
beat, to  bully,  to  put  in  fraudulent  votes,  and  to  take 
the  ballot-box  if  necessary,  in  order  to  suppress  any- 
thing like  legitimate  popular  sentiment;  and  in  this 
way  are  chosen  delegates  to  a  convention  that  pretends 
to  give  us  congressmen  and  state  officers." 

The  sixth  ward,  its  henchmen  and  strikers,  was  tlie 
most  renowned  preciiTct  of  vigilance  times.  That  the 
im])ortanco  of  the  positions  of  sixth-ward  inspector 
and  judge  of  election  may  be  understood,  the  reader 
sliould  know  that  as  returns  were  then  made,  there 
was  no  time  fixed  within  which  to  declare  them. 
Hence  certain  wards  were  kept  open,  the  last  usually 
being  the  sixth,  until  the  votes  of  all  the  others  were 
known,  when  whatever  tickets  were  lackinix  to  secure 
the  election  of  the  stuffer's  candidate  would  be  thrown 
into  this  ballot-box  and  counted  out  from  it.  In  this 
way  they  might  carry  San  Francisco  as  tlie  Persians 
carried  Athens,  by  dead- weight  alone ;  but  they  could 
not  so  carry  the  San  Franciscans. 

At  tlie  elections  which  followed  the  vigilance  reform 
numerous  ballot-boxes  made  or  patented  by  ingenious 
contrivers  were  presented.  Some  were  of  glass  and 
some  of  wire.  One  of  the  latter  was  claimed  to  be 
bullet,  brick-bat,  and  burglar  proc       It  was  six  inches 


12 


BALLOT-BOX  STUFFING. 


yx\(\c,  six  inches  deep,  and  twelve  inches  lon<^,  and  tho 
Avircs  were  so  woven  that  great  strength  was  united 
with  openness,  it  being  impossible  for  a  ballot  to  find 
its  way  into  tho  box  without  detection, 

A  ballot-box  of  glass  was  patented  by  a  San  Fran- 
cisco optician.  It  was  of  heavy  French-plate,  about 
fourteen  inches  square,  the  edges  and  seams  closed 
with  brass  mouldmgs.  Through  a  small  hole  in  the 
circular  brass  plate  fitted  into  the  top  the  ticket  was 
thrust,  and  as  it  passed  in  it  touched  a  spring  which 
struck  a  small  bell  and  turned  the  hands  of  a  dial. 


The  bell  and  dial  were  both  within  the  box,  so  that 
they  c^uld  not  be  tampered  with.  The  dial  could  bo 
arranged  so  as  to  count  five  thousand.  This  famous 
box  was  finally  sold  for  five  hundred  dollars  and  sent 
to  the  interior  for  exhibition. 

There  was  a  mass  meeting  held  before  the  Oriental 
Hotel  the  15th  of  June  18h6,  Balie  Peyton  presiding, 
at  which  a  bully's  ballot-box,  captured  at  Woolly 
Kearney's  house,  was  exhibited  as  orator  of  the  occa- 
sion.   It  was  there  stated  that  at  a  late  election  in 


1 


,.i!* 


SELFPROPACiATION  OF  CRLMK. 


18 


San  Miitco  County  fifteen  hundred  votes  liad  been 
returned  from  three  prccinctH  where  there  were  but 
three  liundred  voters  in  all;  five  hundred  votes  ■were 
returned  from  Crys-tal  Springs,  where  were  then  not 
more  than  thirty  voters. 

At  a  meeting  of  tlic  Executive  Committee  the  28th 
of  August,  Mr  William  Arrington  was  authorized  to 
dispose  of  a  patent  ballot-box  which  had  come  into 
their  possession  to  Captain  Gough  on  such  terms  as 
he  might  deem  proper.  Failing  in  his  first  attempted 
negotiation,  at  a  subsequent  meeting  Mr  Arrington 
was  authorized  to  accept  for  the  box  five  hundred 
dollars  in  cash,  Captain  Gough's  note  for  five  hun- 
dred dollars,  payaole  in  fifteen  days,  and  three 
thousand  dollars  contingent  on  the  successful  exhibi- 
tion of  the  box.  The  sale  was  consummated  on  these 
terms. 

From  time  to  time  the  ballot-box  in  San  Francisco 
was  improved,  until  in  1878  it  reached  a  state  of  sup- 
posed i^erfection.  All  the  four  faces  were  made  of 
glass,  the  whole  upper  surface  comprising  the  lid, 
with  hinges  and  lock.  Another  style  had  a  circular 
lid  three  inches  in  diameter,  in  the  centre  of  the 
cover,  the  key  working  perpendicularly. 

With  such  a  state  of  things  it  was  clear  that  ref- 
ormation in  the  regular  and  legitimate  way  w^as  wholly 
out  of  the  question.  Attempts  to  purify  society  through 
the  citizens'  right  of  suflrage  was  applying  to  politics 
the  Rosicrucian  method  of  greasing  the  weapon  while 
binding  the  wound.  Corruption  propagated.  Ras- 
cality bred  rascality,  and  the  reign  of  crime  seemed 
self- perpetuating.  The  uniform  defeat  resulting  from 
continued  eflfort  discouraged  many,  who  argued  that 
without  stepping  beyond  the  forms  of  law  the  laws 
could  not  be  enforced,  and  finding  the  most  earnest 
leaders  not  ready  to  sanction  such  a  course,  became 
indifferent,  or  with  little  regret  saw  matters  drifting 
from  bad  to  worse,  feeling  that  the  result  which  they 


!l  in 


I    ^i! 


14 


BALLOT-BOX  STUFFING. 


had  predicted  as  Inevitable  would  all  the  sooner  be- 
come apparent. 

Public  feeling  became  vitiated,  and  the  standard  of 
public  opinion  sank  low.  In  the  newspaper  jiress 
throughout  tlie  state  there  appeared  an  apjietite  for 
scandal  and  personalities.  Abusive  articles  found  the 
readiest  readers,  and  a  thirst  for  bloodshed,  the  fruit 
of  long  indulgence,  seemed  fastened  upon  certain  por- 
tions of  the  community.  Club-law  had  become  an  in- 
stitution of  the  countrv;  criminal  courts  were  a  sham. 
Street-fiujhts  were  enioved  with  the  keenest  relish  in 
the  cities,  and  throughout  the  country  mob  trials  and 
executions  were  glorious  excitement.  Pugilistic  en- 
counters were  announced  In  the  journals  of  the  day. 
Likewise  notice,  either  verbal  or  in  the  newspapers, 
would  be  given  of  a  fist-figlit  to  come  off  at  a  certain 
time,  and  cr(nvds  would  collect  on  ^Montgomery  street 
to  see  the  fun.  Ancient  enemies  with  concealed 
bowie-knife  and  revolver  prowled  the  streets,  and  on 
coming  together  an  undeclared  battle  of  jnu'c  self- 
defence  on  l)oth  sides  would  innncdiatelv  beijin.  A 
ruffian  detected  in  the  commission  of  a  crime  would 
run  for  a  policeman  for  protection  against  the  peo])le. 
In  those  days  there  -was  joy  in  tribulation  to  every 
murderer  fortmiate  enough  to  find  sanctuary  in  a 
prison,  where  angel  keepers  were  his  guard  and  offi- 
cial ravens  fed  him. 

Amidst  such  a  state  of  things  it  is  easy  to  under- 
stand how  summary  punishment  for  crime  should 
grow  in  favor  In  the  cities  as  well  as  throughout  the 
country.  It  would  be  unfair,  however,  to  cast  the 
l.)lame  of  this  gross  laxity  entirely  upon  the  courts. 
Here  again  the  people  themselves  were  at  fault. 
Even  if  the  judges  did  their  best,  which  was  often  the 
case,  the  juries  M-ould  not  convict.  The  sentiment 
against  killing  in  fair  figlit,  or  in  wliat  miglit  by  legal 
twists  be  called  self-defence,  was  not  }et  so  strong 
but  that  the  defendant's  counsel  could  easily  find  some 
on  every  jury  who  would  absolutely  refuse  to  join  in 


^yL^ 


VICE  ASSU:HES  RESPECTABILITY. 


IS 


^y  in  a               i 

Liul  offi-               1 

under-               1 

sliould               m 

)ut  tlio            m 

ast  tiio               1 

courts.               1 

;  fault.               1 

ton  the                1 

itiuient              i! 

>y  le^^al              f 

stronj^              M 

d  sonic             M 

join  in             Jj 

a  verdict  against  a  murderer.  Further  than  this,  these 
very  jurymen,  many  of  them,  whom  it  was  so  easy 
for  a  skilful  lawyer  to  persuade  against  duty  and 
conscience  in  a  court  of  law,  joined  committees  of 
vi<»'ilance  and  became  active  supporters  of  extreme 
punishment.  Thus  the  very  system  which  wo  so 
sacredly  legard  as  the  bulwark  of  all  our  rights,  then 
as  now,  acted  against  justice  and  as  the  friend  of 
thieves  and  murderers. 

When  transplanted  to  the  distant  and  virgin  soil 
of  California,  the  evils  of  our  political  system,  like 
rank  weeds,  shot  upward  into  the  sunlight  more  con- 
spicuously perhaps  than  in  the  older  states.  At  all 
events,  nowhere  has  been  the  curse  of  overmuch 
voting  more  manifest  than  here.  There  is  no  greater 
despotism  than  that  which  springs  from  excess  of  lib- 
erty ;  no  greater  weakness  than  the  strength  of  strong 
minds  bound  with  the  sand-ropes  of  universal  suffrage. 
Nowhere  do  we  find  the  moral  tone  of  the  iiaticn 
lower  than  among  those  who,  without  having  at  heart 
or  at  hand  a  single  object  of  a  public  or  of  a  person- 
ally disinterested  character,  shout  loudest  at  elections 
and  vaunt  their  patriotism  for  pap. 

Among  others,  there  was  this  difference  in  the  ele- 
ments which  caused  the  social  disruption  of  1851  and 
that  of  185G.  With  the  emigrants  who  flocked  in 
multitu(1os  to  the  state  immediately  after  the  adoption 
in  1850  of  the  state  constitution,  and  who  were  mostly 
well  meaning,  industrious  men  and  virtuous  women, 
were  certain  vile  persons,  who  soon  became  active  in 
gathering  gold  by  dishonest  means  and  in  the  general 
derangement  of  society.  Growing  bold,  they  organ- 
ized and  overran  the  city  and  country,  waging  open 
war  and  increasing  in  villainy  until  the  people  to  save 
thcinselves  were  obliged  to  put  their  venomous  com- 
panions down.  More  intelligent,  and  hence  more 
crafty,  were  those  who  stirred  the  storm  of  18 50. 
Loaded  dice,  waxed  cards,  burglary,  and  arson  were 
II' nv  held  in  light  esteem  as  puerile  and  vulgar.    There 


16 


BALLOT-BOX  STtJFFmG. 


was  a  field  open  on  these  shores  for  sldlled  labor,  for 
men  of  parts,  racn  full-grown  in  iniquity,  and  this  field 
was  politics.  Neglected  by  the  virtuous,  public  affairs 
fell  into  the  hands  of  the  vicious.  This  impudent 
assumption  of  political  power  by  foreign  cutthroats  is 
the  irony  of  our  boasted  institutions,  the  keenest  they 
have  ever  experienced.  Now,  said  the  happy  harpies, 
once  in  office,  if  law  is  what  the  people  of  California 
want  we  will  give  it  them.  Fixing  their  attention, 
first  upon  primaries,  then  upon  double -slide  ballot- 
boxes,  after  a  series  of  successful  tricks  in  political 
legerdemain  the  reptiles  were  enabled  to  revel  in  pub- 
lic plunder.  The  second  cataplasm  was  applied  to  a 
superior  order  of  villainy,  consummated  by  a  superior 
order  of  villains. 

Often  in  the  history  of  governments  have  popular 
movements  against  existing  authority  resulted  in  a 
despotism  far  more  crushing  than  that  which  was 
overthrown.  Therefore  it  was  necessary  to  be  cau- 
tious. Defeat  would  bring  the  worst  results.  Tlio 
politicians  of  the  day  were  essentially  fighting  men. 
A  revolver  and  a  bowie-knife  were  as  necessary  to 
them  as  a  rule  and  handsaw  to  a  carpenter.  Deadly 
weapons  were  their  strongest  arguments,  with  which 
they  were  enabled  to  enforce  their  principles  more 
effectually  than  M'ith  either  tongue  or  pen.  Their 
bullying  propensities  frequently  obtained  them  office 
when  all  other  means  failed.  Rectitude  of  character 
they  had  none,  and  their  reputation  was  of  such  a 
flimsy  texture  that  tliey  did  not  even  attempt  to 
patcli  it.  So  long  as  their  weapons  were  kept  keen 
and  bright,  little  to  them  mattered  the  tarnishment 
of  honor.  Yet  never  men  so  boasted  a  quality  or' 
which  they  were  deficient.  Like  steamboat  runners 
employed  to  bellow  the  merits  of  opposition  boats, 
they  talked  loudly  and  made  many  converts,  particu- 
larly of  that  class  which  like  themselves  hung  about 
saloons,  and  were  a  standing  conundrum  to  working- 
men  as  to  their  method  of  obtainincr  food  and  shelter. 


THE  EXrATrJATi:D  OF  18,-)1. 


17 


,bor,  for 
his  field 
c  affairs 
apudent 
iroats  is 
est  they 
harpies, 
ihfornia 
-tention, 
I  ballot- 
poHtical 
.  in  pub- 
ied  to  a 
superior 

popular 
:ed  in  a 
lich  was 
be  cau- 
;s.     The 
isr  men. 
ssary  to 
Deadly 
h  which 
QS  more 
Their 
m  office 
laracter 
such  a 
mpt  to 
')t  keen 
slunent 
ality  or* 
runners 
boats, 
particu- 
g  about 
'orking- 
shelter. 


Baso-niindod  and  cowardly,  as  all  bullies  arc,  they 
dare  not  mingle  and  liold  converse  with  their  fellow- 
men,  except  with  one  hand  on  a  loaded  revolver. 

On  tlic  evening  of  September  IGtli  the  Vigilance 
Connnittee  of  1851  in  full  session  adopted  a  resolutic^n 
.suspending  their  meetings  indefinite!}'.  They  did  not 
disband  or  disorganize;  they  merely  rested  in  order  to 
give  the  law  an  opportunity  to  vindicate  its  supremacy 
should  it  be  able  to  do  so.  Before  passing  this  final 
resolution,  an  executive  committee  of  forty -five  mem- 
bers was  appointed,  not  for  the  purpose  of  arresting  or 
punishlnjjf  criminals,  or  of  encourafjini;  antaii'onism  to 
lawfully  constituted  authorities,  but  to  kee[)  uj)  the 
organization  and  be  ready  in  case  of  necessity.  They 
were  to  remain  in  force  for  six  months,  with  power 
to  call  together  the  committee  of  the  whole  at  any 
moment;  they  were  to  hold  correspondence  with  otluu- 
associations  thi'oui>hout  the  coast,  and  to  assist  the 
])olice  in  ferreting  crime  and  bringing  criminals  to 
justice.  Thus  was  the  purity  of  their  past  actions 
pi'oved,  and  the  nobleness  of  their  character  through- 
(»ut  all  time  established. 

IJesides  the  time  taken  from  their  business,  the 
nn'uibers  of  the  Committee  had  been  called  upon  for 
considei-able  sums  of  money,  which  they  cheerfully  con- 
ti'ibuted.  About  thirty  j>ersons  had  been  sent  back  to 
Sv<lney  at  a  heavy  expense,  and  one  to  Panamii. 
Agents  (^f  the  Connnittee  who  were  actively  em- 
i)loved  in  huntimi^  crime  throuu^hout  various  i)arts  of 
ihc  country  required  money.  Many  criminals  be- 
came fi'ightened  and  lied.  Some,  said  to  have  in 
Tiif-ir  possession  a  large  amount  of  stolen  jewelry, 
Atie  secreted  in  the  southern  }Kirt  of  the  state.  They 
•iicceeded  in  escaping  in  an  outward-bound  vessel, 
and  a  j)arty  of  vigilants  were  sent  in  pursuit,  but 
did  not  succeed  in  overtaking  the  ship.     S(jme  went 

and  no  small  numi) 


iUro[ 


J' 


the  lilihustering  expedition  of  William  Walker,  and 


Pop.  Tniu.,  Vol.  II.    2 


^HH 


18 


BALLOT-BOX  STUFFING. 


SO  paved  the  public  executioners  of  California  much 
trouble. 

With  the  befjinninsr  of  1852  crime  otcw  a  little 
bolder,  six  or  ei<Ait  daring^  robberies  beino-  conunitted 
in  as  many  weeks  by  apparently  the  same  persons. 
Evidently  new  gangs  were  bemg  formed,  but  the 
authorities,  grown  more  efficient  under  the  teachings 
of  the  p(jpular  tribunal,  were  thought  now  to  l)e  a 
match  for  the  rascals.  At  all  events,  the  citizens 
were  willing  to  grant  them  an  opportunity  to  do  their 
duty.  But  as  crime  crawled  forth  again,  tlie  Com- 
mittee found  it  necessary  to  hold  a  general  meeting 
on  the  evening  of  March  17th,  at  which  there  were 
present  about  three  hundred  and  fifty  members.  A  new 
executive  committee  was  chosen,  and  arrangements 
were  inade  to  hold  regular  meetini^s.  Ai^ain  tliere 
was  a  visible  and  sudden  falling-olf  in  the  nundjcr 
of  buro'laries  and  murders  conmiitted.  Bv  June  the 
tlocrease  of  crime  in  San  Francisco  was  a  subject  of 
general  remark.  San  Francisco  was  then  as  (|uiet 
and  orderly  as  any  eastern  city  of  ecpial  size. 

Society  in  the  interior  continued  in  an  un([uiet 
state,  and  it  was  thouu'ht  it  might  become  necessarv 
to  organize  a  state  committee  u[)on  a  principle  similar 
to  that  of  the  San  Francisco  Connnittee,  which  sliould 
effectually  clear  the  country  of  footpads,  highway- 
men, and  like  desperate  vermin.  Two  immediate 
causes  contributed  to  these  present  troubles  in  the 
interior;  one,  the  fact  that  all  the  larger  towns  and 
cities  of  the  state  had  lately  been  cleansed  of  their 
criminMls  l)y  their  respective  connnitteos  of  vigilance, 
to  the  disadvantage  of  the  smaller  towns  and  of 
miners  and  farmers,  and  the  other  that  as  i)opular 
tribunals  subsided  desperadoes  took  courage  and  put 
on  boldness. 

The  Conmiittce  of  1851  still  showed  signs  of  life 
by  advertising,  through  the  winter  months  of  1852-3, 
a  reward  of  two  thousand  dollars  for  the  arr-est,  with 
sullicieiit  testimony  for  conviction,  of  any  pei'son  set- 


EFFECTS  OF  THE  FIRST  COMMITTEE. 


10 


lia  much 

V  a  little 
)iiiiiiittc;l 

persons. 

but  the 
teach  iui^s 
'  to  be  a 
3  citizens 
)  do  their 
tlie  Coni- 

nioeting 
Lore  were 
's.  A  new 
tigeuients 
ain  tlicro 
J  number 
June  the 
ubject  of 

as  (|uiet 

uufiuiet 

lecessary 

e  similar 

h  should 

lighway- 

imediate 

in  the 

wns  and 

of  their 

igilance, 

and    of 

l)()pular 

and  put 

IS  of  life 

I  852-a, 

;st,  with 

rson  set- 


build 


Sr 


at  th 


tmg  fire  to  any  buildmg  in  »an  i^  rancisco,  at  tue 
same  time  calling  on  the  people  to  furnish  them  such 
information  as  would  lead  to  the  arrest  of  any  person 
guilty  of  arson,  burglary,  or  highway  robbery.  These 
jiotices  were  signed  by  Selim  E.  Woodworth,  presi- 
dent, and  Isaac  Bluxome,  junior,  secretary. 

Like  a  dismal  shadow  the  doings  of  the  first  Com- 
mittee haunted  for  a  time  the  memory  of  evil-doers, 
until,  amidst  the  activities  of  new  opportunities, 
which  in  this  rapidly  revolving  society  met  them  at 
ever}'  turn,  the  unhappy  strangulations  of  by -gone 
days  gradually  assumed  less  substantial  form,  and 
finally  faded,  in  effect  at  least,  to  the  texture  of  a  half 
remendicred  dream. 

Not  so  appeared  the  solemn  teachings  of  the 
opaque  past  to  those  Avho  sought  to  do  well.  The 
terrihle  enginery  of  former  necessities,  which  was 
likewise  a  cloud  in  their  memory,  spoke  to  them  only 
of  the  sure  and  permanent  destruction  of  crime;  and 
political  leaders  who  sought  power  and  profit  b}' 
infamous  means,  might  liave  read  their  own  doom  in 
the  signs  of  the  times. 

There  were  those  in  the  first  Committee  who  re- 
fused to  join  the  second,  on  the  ground  that  the 
former  was  a  necessity  which  five  yeai's  later  did  not 
exist.  Likewise  there  were  those  who  liatl  opposed 
the  first  Conmiittee  from  conscientious  scruples,  wln> 
joined  the  second;  those  whom  temperament  and 
education  had  so  wedded  to  the  sacred  statutes  of 
justice  that  they  found  it  im[)Ossible  all  at  once  to 
cast  themselves  adrift  and  join  the  profane  thi'ong, 
but  who  had  been  steadily  driven  toward  the  convie- 
ticjji  that  there  was  no  help  for  it,  that  the  banded 
bad  men  had  so  securely  intrenched  themselves  be- 
liind  the  forms  of  law  that  nothin;*'  but  force  could 
dislodge  them,  that  nothing  would  cui'e  the  evil  but 
hanginu^.  For  like  the  «jiant  Antieos,  as  lon<jf  as 
their  feet  touched  earth  no  Hercules  could  crubli 
th 


em. 


20 


BALLOT-BOX  STUFFING. 


!! 


!    I 


In  all  these  pictures  of  early  days,  which  I  iDcan 
shall  be  truthful  and  not  overdrawn,  I  wish  it  clearly 
und'.  rstood  that  if  comparison  be  made,  I  do  not 
legard  men,  society,  the  times,  and  political  affairs  as 
worse  then  than  now.  They  were  different:  worse  in 
some  respects,  better  in  others.  In  regard  to  morals, 
vice  was  less  shamefaced  in  1852,  but  from  laxity 
in  religion  and  a  more  general  freedom  of  thought, 
iumiorality  was  easy  in  1882.  Criminal  court  trials 
are  every  whit  as  much  a  farce  now  as  when  the 
right  honorable  Ned  McGowan  sat  upon  the  bench 
dispensing  justice  with  a  cigar  in  his  mouth,  his  hat 
cocked  on  one  side,  and  his  feet  elevated  to  a  level 
Mith  his  head.  There  was  more  political  corruption 
thirty  years  after  the  organization  of  the  government 
than  three  years  afterward.  What  can  there  be  more 
dishonest  and  disgraceful  than  the  wholesale  bribery 
of  legislators  by  the  lailroad  monopolists,  than  the 
bribery  of  the  county  assessor  by  the  bankers,  than 
the  bribery  of  boards  of  supervisors  and  boards  of 
education,  so  common  throughout  the  country? 
While  dwelling  upon  the  iniquity  of  others  do  not  let 
us  forget  our  own. 

A  bribery  case  arose  in  the  legislature  of  1854 
which  to  the  moij  experienced  politicians  of  a  quarter- 
century  later  appears  unnecessarily  noisy.  Mr  Peck, 
senator  from  Butte,  accused  Mr  Palmer  of  the  politico- 
banking  firm  of  Palmer,  Cook,  and  Company,  of 
oflerins:  him  five  thousand  dollars  for  his  vote  on  the 
senatorial  question.  ]\Ir  Palmer  denied  the  charge, 
and  affirmed  that  Mr  Peck  offered  to  sell  him  his  vote 
for  five  tliousand  dollars.  The  senate  took  the  matter 
up,  and  after  much  flaunting  of  soiled  virtue  concluded 
that  no  one  was  to  blame;  no  one  swore  falsely,  or 
offered  to  (jive  or  take  a  bribe.  We  do  these  things 
better  now.  And  yet,  like  the  clothes  that  cover 
shame,  our  immoralities  may  be  rendered  all  the  more 
conspicuous  by  the  ^uraphcrnalia  which  we  employ  to 
hide  them.   Where,  among  all  our  honorable  politicians 


1  I  mean 
it  clearly 
I  do  not 
affairs  as 
worse  in 
to  morals, 
)ra  laxity 
thought, 
urt  trials 
^vhen  the 
he  bench 
1,  his  hat 
o  a  level 
orruption 
vernnient 
3  be  more 
0  bribery 
than  the 
ers,  than 
oards  of 
country  ? 
o  not  let 


I 


THE  TIMES. 


21 


and  wealth-hoarding  magnates,  do  we  find  one  who  in 
the  manner  of  his  elevation  deals  with  those  at  who^^e 
exi)cnse  he  achieves  ignoble  fame  as  did  the  Alcmre- 
inudx  in  building  the  temple  of  Apollo,  substituting 
Parian  marble  for  the  cheap  common  stone  contracted 
for? 


of  1854 
c[uarter- 
Ir  Peck, 
politico- 
pany,  of 
;e  on  the 
charge, 
his  vote 
B  matter 
)ncluded 
Isely,  or 
e  things 
it  cover 
he  more 
Qploy  to 
iliticians 


CHAPTER  11. 


ASSASSIMATION. 


Law  supports  those  crimes  they  checked  before, 
And  executions  now  aflfright  no  more. 

Creech. 

The  pressure  of  sin  upon  society,  the  dead  weight 
f)^  tyranny,  whether  tho.t  of  a  feudal  baron  or  of  a 
nineteenth -century  monopoHst,  if  long  continued  is 
sure  to  result  in  the  destruction  of  the  destroyer. 
Brittle  as  well  as  viscous  substances  flow  under  suffi- 
cient pressure;  lead  and  ice  in  large  masses  flow  under 
])rossure  of  their  own  weight;  so  melt  the  grinding 
glaciers  of  society  under  the  dead  weight  of  their  own 
iniquities. 

In  the  midst  of  these  ill-tempered  times,  when  offi- 
cial and  financial  corruption  seemed  rankest  in  young 
San  Francisco,  James  King  of  William,  a  ruined 
Ixanker,  but  a  man  of  unimpeachable  integrity,  began 
the  publication  of  a  daily  newspaper,  which  he  called 
the  Evening  Bulletin. 

Mr  King  was  born  at  Georgetown,  in  the  District 
of  Columbia,  in  January  1822,  and  was  therefore  at 
tliis  time  about  thirty-four  years  of  age.  Rather  below 
medium  height,  with  a  dark  complexion,  large  dark 
ciyes,  aquiline  nose,  black  bushy  whiskers,  a  w^ell 
sliaped  head  set  on  slightly  stooping  shoulders,  he 
was  a  man  of  keen  intellectual  perceptions,  though 
not  very  robust.  His  father  was  an  Irishman  named 
AVilliam,  and  following  a  custom  once  somewhat 
common  among  his  people,  in  order  to  distinguish 
himself  from  other  James  Kings,  he  wrote  his  name 

(22) 


JAMES  KING  OF  WILLIAM. 


88 


•e, 
'.ech. 

id  woiofht 
I  or  of  a 
tinuod  is 
Icstroyer. 
idor  suffi- 
ow  under 
ffrindinc: 
heir  own 

^'lien  ofH- 
in  young 
ruined 
;y,  began 
lie  called 

District 

refore  at 

ler  below 

rge  dark 

a  well 

ders,  ho 

though 

named 

)mewhat 

tinguish 

lis  name 


James  King  of  William.  His  younger  days  were  as- 
•sociati'd  with  the  post-office  department  and  the 
banking-house  of  Corcoran  and  Riggs  in  Washington. 
In  1S48  he  started  for  Oregon  by  water,  partly  for 
liealth  and  partly  for  trading  adventures;  butyrrested 
in  liis  voyage  by  the  attractions  of  California,  lie  took 
ui)liis  residence  at  Sacramento.  There  ho  assisted  in 
the  organization  of  a  government,  and  also  engaged 
in  mining.  In  1849  he  opened  a  banking-house  in 
Sun  Francisco,  but  losing  heavily  in  Tuolunme  County 
investments  in  1853-4,  he  closed  his  office.  In  logiti- 
niate  banking  he  had  acquired  a  moderate  fortune, 
but  when  ho  failed  he  kept  nothing  from  his  creditors, 
and  even  refused  to  avail  himself  of  the  insolvent  act. 
]\[any  stood  ready  to  assist  him,  but  he  had  a  C(^nsti- 
tiitional  shrinking  from  obligation  to  or  depentlence 
on  others;  and  as  I.  C.  Woods,  the  managing  partner 
of  Adams  and  Company,  proposed  to  take  his  business 
and  assets,  and  assume  his  banking  liabilities,  j)rovided 
lie  would  agree  to  take  charge  of  one  of  tiie  de])art- 
munts  of  Atlams  and  Ct)mpany  and  manage  it  I'oi' two 
years  at  a  salary  of  one  thousand  dollars  a  riontli,  he 
concluded  to  accept  the  position,  and  lilled  ii  until  the 
failui-e  of  that  firm,  in  February  1855. 

His  quickness  of  comprehension  and  habits  of  sys- 
tematic detail  soon  convinced  him  that  the  mammoth 
express  and  banking  firm  was  insolvent,  and  so  he 
informed  the  manager,  but  was  only  I'idiculed  lor  his 
i)ains.  The  failure  of  the  banks,  beoinnino-  with  I^vu'c, 
J>acon,  and  Company,  threw  Mr  King  out  of  employ- 
ment; hence,  partly,  he  conceived  the  news})aper  proj- 
ect. In  his  days  of  j)rosperity  he  had  assisted  in 
establishing  and  sustaining,  among  other  newspa[)ers, 
the  Ilcndd,  which  under  the  trenchant  editorial  })en 
of  Mr  John  Nugent,  formerly  a  lawyer  of  some 
repute,  had  at  one  time  rendered  valuable  service  in 


pi'otectmg 
(■ificialt 


ane 


one 
the    comuj 
prescrvinuf  vi2" 


unity   from    the  dishonesty   of 

orous  and  watchful  public. 

opinion.     But  at  the  time  of  the  Cotablishing  of  the 


1 


ill 


r 
liiii 


24 


ASSASSINATION. 


BiiUctin  many  iniluonccs  had  combined  to  cnfeublo 
tho  power  of  the  press,  to  lessen  the  interests  of  its; 
managers  in  good  government,  and  to  weaken  the 
general  confidence  in  their  desire  for  the  restoration 
of  purity  and  integrity  in  the  management  of  pul)lic 
affairs.  Believing  that  he  could  provide  a  modest 
su})port  for  his  family,  and  at  the  same  time  render 
good  })ublic  service,  he  borrowed  a  small  sum  and 
began  the  publication  of  his  paper,  notwithstanding 
there  v.ere  then  in  San  Francisco  not  less  than  a 
dozen  journals  struggling  for  life. 

It  Avas  a  small  sheet,  with  small  resources,  and  it.i 
j)ublication  office  was  a  small  building  standing  in  the 
street  instead  of  beside  it,  a  significant  fact  when 
joined  to  its  other  anomalies.  This  grain  of  mustard- 
seed,  however,  soon  spread  out  and  filled  the  whole 
coast.  Ignoring  for  two  reasons  the  tricks  and  hypoc- 
risies of  journalism,  because  first  he  would  not  prac- 
tise them,  and  because  secondly  he  did  not  know  how, 
his  chief  concern  in  his  stipulation  with  his  publisher, 
C.  O.  Gerberding,  seemed  to  be  for  his  own  absolute 
contr'ol  of  the  journal's  colunms,  so  that  those  he  was 
about  to  punish  might  not  buy  a  controlling  interest 
in  the  sheet,  and  so  silence  its  calls  for  reform. 

The  first  number  was  issued  the  8th  of  October 
1855.  It  was  clear  enouijh  from  the  beginning  that 
the  purpose  of  the  editor,  aside  from  pecuniary  con- 
siderations in  entering  the  arena  of  journalism,  was, 
first,  the  lighting  of  personal  wrongs  growing  out  of 
the  late  financial  troubles,  and,  secondly,  war  on 
wrongs  in  general. 

Mr  King  began  his  brief  career  as  a  journalist  with 
a  modest,  frank  simplicity,  freely  expressing  his  inex- 
perience, and  somewhat  astonishing  his  practised  com- 
petitors by  making  haste  to  acknowledge  mistakes,  and 
to  oti'er  self-respecting  but  ample  apologies  to  those 
about  whom  he  had  unwittingly  made  misstatements. 
He  did  not  know  the  difference  between  editorial  and 
personal  lying.    He  was  ignorant  of  saying  one  thing 


H'llM.iiili 


~"«iSt^ 


AN  UNFLEDGED  JOURNALIST.  2,-. 

wliilo  incMiiinj?  another.  Ho  was  too  .simple  even  to 
Htudy  the.[)olicy  most  profitable  to  his  })U[)er,  and 
call  it  pubhc  weal.  He  never  thought  at  every  step 
to  look  behind  to  ascertain  if  the  dear  people  were 
lollowing;  and  strangest  of  all,  he  forgot  to  fill  his 
(•(iliiiiins  with  journalistic  quarrels,  which,  however 
interesting  to  the  editor,  arc  of  very  small  moment  to 
the  public.  He  would  be  a  reformer,  an  honest  and 
ardent  one,  and  he  believed  he  could  esstablish  a 
journal  with  which,  by  constant  exposures  of  the 
sclicines  of  bad  men,  and  continual  attempts  to  con- 
centrate the  efforts  of  good  men,  the  conspirators 
Avould  be  defeated. 

Ho  evidently  entertained  few  practical  ideas  re- 
garding his  new  undertaking,  and  seems  never  to 
liave  troubled  himself  over  the  question  of  his  capa- 
bility as  a  writer.  He  had  something  to  say,  and  he 
was  quite  sure  he  could  say  it.  He  could  speak  to 
more  people,  and  more  to  the  point,  by  means  of  the 
])riiiting-press  than  by  any  other  means:  so  he  pub- 
lished a  newspaper.  United  with  honest  faith  in  the 
ijood  intentions  of  the  masses,  Mr  King  was  endowed 
w  ith  a  shrewd  capacity  to  awaken  interest  and  secure 
confidence.  His  editorials  carried  with  them  the  con- 
viction that  the  writer  was  a  man  of  character,  and 
tliat  of  a  high  standard;  that  a  love  of  justice  per- 
vaded every  fibre  of  his  nature,  and  that  it  was  wel- 
come duty  to  administer  merited  rebuke  to  every  one 
Avlio  accepted  public  trust  and  betrayed  it. 

His  stylo  was  unstudied,  almost  homely  and  collo- 
(piial,  but  pierced  to  the  pith  of  his  subject  with  sur- 
prising directness  and  viijor.  Indeed  ho  cared  little  for 
stylo  or  diction.  Ho  indulged  neither  in  the  bondxist 
of  yEschylus  nor  the  sophistry  of  Euripides,  and 
Aristophanes  would  hardly  have  praised  him  for  his 
skill  in  satire,  though  some  of  his  contcm[)oi"aries 
were  quite  ready  to  do  so.  All  this,  however,  or  any 
s[)ecics  of  criticism  that  might  truthfully  be  brought 
against  him,  went  for  nothing.     The  simple  truth  was 


n  ASSASSINATION. 

stroninf  enough  for  him,  as  itidced  it  is  always  the 
inightie.st  |)()\vor  of  the  stroiif^cst.  Laying  it  on  vig- 
orously, constantly,  ho  nrovoil  himself  a  i^'ourging 
wiitoi".  Most  persistently  and  most  effectually  «lid  ho 
hiittle  against  personal  and  public  enemies  fiom  the 
lu'ginning  of  his  career  as  a  journalist  to  the  day 
when  he  fell,  a  victim  sacrificed  upon  the  altar  of 
an  outi-aged  commonwealth.  Naturally  this  course 
aroused  the  enmity  of  the  office-holders,  who  were 
amazed  at  his  temerity,  and  to  whom  his  motives 
vvere  in  a  measure  incomprehensihle. 

Frequently  was  he  threatened  hy  personal  enemies 
and  political  cutthroats,  and  again  and  again  was  he 
Y.arned  by  his  friends  that  sooner  or  later  his  life 
vould  pay  the  penalty  of  his  temerity.  Yet  steadily 
and  feai'lessly  he  continued  his  course;  and  that  at  a 
time  when,  among  the  class  most  severely  castigated, 
a  bullet  was  the  usual  answer  to  an  insult. 

While  clerk  with  Adams  and  Com[)any  he  had 
become  familiar  with  the  finer  phases  of  financial  and 
])()litical  rascality  which  his  nature  abhorred,  and 
v.liich  he  now  exposed  with  merciless  severity.  The 
notorious  })olitico-banking  firm  of  Palmer,  Cook,  and 
Company  was  then  at  the  height  of  its  power  and  of 
its  apparent  prosperity.  This  institution  the  BuUetia 
at  once  attacked,  charging  it  with  corruption,  bribery, 
and  financial  unsoundness,  exposing  its  secrets  with 
sucli  clearness  and  intimotc  knowledge  of  its  affairs  as 
made  men  wonder  how  the  editor  obtained  them.  The 
battle  was  continued  with  unflinching  persistency  day 
after  day  for  many  months,  until  the  firm  was  ruined, 
and  consequently  harmless.  Brodcrick,  Billy  Mulli- 
gan, Woolly  Kearny,  Casey,  Cora,  Yankee  Sullivan, 
Martin  Gallagher,  Tom  Cunningham,  Ned  McGowan, 
Charles  Duane,  and  all  that  class  of  shoulder-striking, 
ballot-box  stuffing  politicians,  together  with  gamblers, 
prostitutes,  and  pimps  of  every  shade,  rich  and  vulgar 
alike,  but  more  particularly  those  who  had  made 
themselves  conspicuous  in  public   affairs,  he  tore  in 


UjHu^ 


VEHEMENT  MORALS. 


27 


Tiiopi^s  witli  almost  sava^jo  ferocity.  Likewise  he  scat- 
tricil  tlionis  u[)()n  tlio  l)oiioh  of  criminal  judges,  and 
iiijidc  derelict  officials  drink  gall.  To  lawyers  wl)(» 
liv.  (I  iiy  defeating  justice,  and  to  all  who  polhited  the 
,^|iriiigs  of  virtue  and  preyed  ujion  industry  and  |»uh- 
lic  morals,  he  was  a  thorn  in  the  Hesh.  ()[H)osition 
iiiid  danger  oidy  roused  him  to  bolder  efforts.  lOacli 
(lav  his  shafts  were  launched  at  some  new  infamy;  each 
day  his  pen,  like  the  white  plume  of  Navarre,  flew 
along  the  toi)most  billows  of  the  fight. 

Juvenal,  in  his  denunciations  of  venal  Rome,  with 
li(T  refined  and  hypocritical  people,  high  in  culture 
Itut  low  in  morals,  was  not  more  earnest,  honest,  or  suc- 
cessful. Parasites  of  the  government  flaunting  in  the 
iVnits  of  extortion,  insolent  Crispinus  or  ostentatious 
^[atho  in  the  hands  of  the  scathing  satirist,  weie  not 
more  sevei-ely  rebuked.  His  courage  was  of  a  quality 
touching  desperation.  He  acted  like  a  man  having 
iiotliing  to  lose.  Fortune  was  gf^nie,  and  disgust  had 
tidcen  the  place  of  business  ambition.  It  was  under- 
stood from  the  outset  of  his  journalistic  career  that 
neither  he  nor  his  organ  was  for  sale.  It  was  under- 
stood that  he  would  not  fight  a  duel,  that  he  feared 
;i(»  libel  suits,  though  on  this  account  he  was  none 
the  less  careful  of  his  facts.  Bold,  resohite,  desperate, 
liis  editorials  often  bordered  on  the  scurrilous,  but 
they  were  ever  on  the  side  of  virtue  and  honet.'^y. 

Unfortunately  w^e  are  none  of  us  wholly  free  from 
the  bias  of  tem})erament,  education,  and  environment. 
Ijike  most  reformers,  Mr  King  approached  the  morbid 
where  his  cause  was  concerned.  He  seemed  to  regard 
all  lawyers,  judges,  and  oflScials  alike  as  evil-minded 
enemies  of  the  public.  This  has  never  been  true  in 
any  epoch  of  California's  histor3^  On  the  contrary, 
whatever  may  be  said  of  laxity  in  public  morals  and 
corruption  in  high  places,  there  never  has  been  a  time 
when  a  majority,  not  only  of  the  masses,  but  of  those 
who  lived  by  the  law,  were  not  in  favor  of  right  and 


28 


ASSASSINATION. 


morality.  This  fact,  in  our  analysis  of  an  abnormal 
or  distempered  epoch,  should  never  be  lost  sij^ht  of. 
The  Vigilance  Committee  souglit  tlie  right;  the  law 
and  order  party  souglit  the  right;  the  difference  was, 
the  former  were  practical  and  clear-sightetl,  while  the 
latter  were  blinded  by  overnmch  learnin<j,  by  bitjotrv, 
and  by  their  private  interests.  Some  were  inherently 
and  irrecoverably  bad;  but  these  were  always  in  the 
minority.  One  animal  of  evil  odor  can  make  fetid 
the  atmosphere  surrounding  a  thousand  flowers;  so 
one  bad  man  can  bring  offence  upon  many  gf)od  men. 
''  Bets  are  now  offered,  we  have  been  told,"  writes 
Mr  King  November  22,  1855,  "that  the  editor  of  the 
JhtlJctin  will  not  be  in  existence  twenty  days  longer, 
and  tlie  case  of  Dr  Hogan,  of  the  Vicksburg  paper, 
MJio  was  nmrdered  by  the  gamblers  of  that  place,  is 
cited  as  a  wavning.  Pah!  We  passed  unscathed 
through  worse  scenes  than  the  present  at  Sutter 
Fort  in  '48.  War,  then,  is  the  cry,  is  it^  War  be- 
tween the  })rostitutes  and  gamblers  on  one  side,  and 
the  virtuous  and  respectable  on  the  other!  War  to 
tlie  knife,  and  the  knife  to  the  hilt !  Be  it  so,  then! 
(iam  biers  of  San  Francisco,  you  have  made  your  elec- 
tion, and  we  are  ready  on  our  side  for  the  issue!" 

One  Selover,  of  the  fraternity,  denied  the  privilege 
of  the  tluel  which  he  professed  to  desire,  threatened 
darker  measures.  On  the  Gth  of  Dece?'iber  Mr  King 
says:  "Mr  Selover,  it  is  sai<l,  carries  a  knife.  We 
carry  a  pistol.  We  hope  neither  will  be  recpiired,  but 
if  this  rencontre  cannot  be  avoided,  why  will  Mr  Selo- 
ver persist  in  perilling  the  lives  of  others?  We  pass 
every  aiternoon,  about  half-past  four  to  five  o'clock, 
along  Market  street  from  Fourth  to  Fifth  street. 
The  road  is  witle  antl  not  so  much  freipiented  as  those 
streets  farther  in  town.  If  we  are  to  be  shot  or  cut 
to  })ieces,  for  lieaven's  sake  lot  it  be  done  there. 
Otliers  will  not  br  injured,  and  in  case  we  fall  our 
house  is  but  a  few  hundred  yards  beyond,  and  the 
cemetery  not  nmch  fartlier."    And  again,  the  5th  of 


CORA  KILLS  RICH^VTvDSOX. 


29 


Januaiy:  "If  these  fellows  are  really  deterinined  to 
attarlc  the  editor  c»f  the  BulU'tin,  why  don't  they  do 
it  at  I  "lice  and  be  done  with  it?  Why  keep  everybody 
ill  siis|)ense?  Here  we  have  been  carrying  a  pistol 
)'i>r  noarlv  three  months  because  of  the  brajj^ij^adocio 
liullyiiig  t>f  this  crowd,  until  we  arc  heartily  tired  of 
it.  We  don't  want  to  carry  weapons.  If  the  fuss 
must  come  off,  let  it  conic  at  once  and  bo  over."  Of 
a  truth  this  [)istol  of  Mr  King's,  like  the  famous  gray 
>teel  sword  of  Kol,  was  more  fatal  to  the  owner  than 
to  any  one  else. 

About  this  time,  namely,  on  the  17th  of  November 
1  S.').),  tliere  had  been  nuu'dered  a  prominent  citizen  in 
open  day  upon  a  public  thoroughl'are  in  San  Fi'ancisco, 
and  yet  the  nuu'derer  remained  unpunished.  Indeed 
lie  did  not  expect  })unishment.  Between  William  II. 
liicliardson,  United  States  marslial,  and  Charles 
Cora,  an  Italian  gambler,  there  had  been  sonu^  diili- 
ctilty.  Friends  interfered  to  rect)ncilc  them,  and  all 
(litlerences,  as  it  was  thought,  were  amicably  adjusted. 
About  lialf-past  six  o'clock  on  the  evening  of  tlie  day 
above  namecl  Richardson  and  Cora  were  seen  in  IVont 
^A'  ]\[cAllister's  building  on  Clay  street,  below  ^lont- 
gomery.  They  had  just  come  from  the  Blue  Wing 
saloon  on  Montgomery  street,  near  Clay.  One  sttuid- 
iiig  near  them  heard  llichardson  remai'k,  "Well,  is  it 
all  right?"  "  Yes,"  Coiu  replied.  Continuing  their 
conversation  in  a  low  tone  for  a  short  time,  suddenly 
( "o]'a  v.ith  his  left  hand  seized  Richardson  by  the 
collar  «?if  his  coat,  and  with  the  right  drew  frt)m 
Lis  pocket  a  derringer.  "What  are  you  going  to 
(loT  ciied  Richardson;  "don't  shoot,  I  am  unarmed!" 
Scarcely  were  tlu;  words  uttered  before^  the  ball  from 
(  ora's  pistol  had  penetrated  the  olHcer's  breast,  'i'he 
Italian  held  his  victim  up  I'or  perhaps  a  miiuite,  until 
convinced  that  the  wound  was  fatal,  when  he  let  the 
l^nly  drop. 

So  suddenly  fell  the  blow  that  the  witnesses  for  a 
moment  were  paralyzed.    Cora  tur  ned  from  his  victim. 


30 


ASSASSINATION. 


I.  II 


but  before  he  had  proceeded  far  he  was  arrested  and 
]  lurried  away  to  the  station-house.  Richardson  was 
taken  to  Keith's  druix  store,  corner  of  IMontjjomery 
and  Clay  streets,  where  he  ahnost  innnediately  ex- 
pired. Meanwhile  an  immense  and  fearfully  excited 
crowd  had  gathered  in  tlie  vicinity,  completely  bloclv- 
ing  the  streets  for  two  squares.  Cries  of  "Hang  him  I 
hang  him!"  were  heard  on  every  side.  Several  ad- 
dressed the  assemblage,  urging  the  innnediate  execu- 
tion of  the  murderer,  and  on  putting  it  to  a  vote  a 
stoi'm  of  'ays'  and  'noes'  followed.  Though  burning 
with  indignation  at  tlie  dastardly  deed,  there  were 
many  in  San  Francisco  to  whom  arbitrary  })unish- 
ment  was  unknown,  and  to  others  it  Ai  s  tiost  dis- 
tasteful; besides,  Cora  had  friends  to  s>\;,'ll  .'  volume 
of  'noes.'    All  evil-doers  were  his  friend-. 

In  perfect  j)eace,  as  if  encircled  in  the  arms  of  his 
mistress,  Charles  Cora  nestled  in  the  bosom  of  tlie  law. 
While  there  he  was  safe,  and  manifested  the  utmost 
coolness;  but  wlicn.for  his  greater  safety  from  the  mob 
he  was  transferred  I'rom  the  station-house  to  the  jail, 
he  grew  anxious,  and  glanced  nervously  behind  to  see 
if  aveiiijers  were  at  his  heels.  Durinuf  the  eveninu'  of 
the  day  of  the  murder  tlic  (.'xcitement  continued,  and 
the  propriety  of  an  immediate  and  summary  execution 
was  o[)eiily  discussed.  The  bells  of  the  severnl  engiiu  - 
houses  were  rung,  which  seemed  to  presage  hangin;;; 
it  was  I'uniored  that  the  Viujilance  Committeo  wer  iu 
session,  that  rope  and  beam  were  ready,  and  tli  -t  :'.» 
attack  on  the  jail  would  soon  be  made.  The  .'ucriil' 
being  absent  at  the  time,  his  deputy,  fearful  of  an  i^t- 
tem[)t  to  seize  the  prisoner,  secretly  sent  him  to  the 
suburl  »s  of  the  city,  heavily  ironed.  The  sheriff  return- 
ing shortly,  ordei'ed  him  brought  back  to  the  jail,  over 
which  he  placed  a  strong  guard.  At  the  Oriental 
Hotel  Samuel  ]^rannan  addressed  the  peo})le,  urging 
the  immediate  execu^'on  of  Cora.  It  was  said  als'> 
that  he  had  procured  the  ringing  of  the  bells,  b  '  this 
he  denied.     He  was  arrested  by  the  sherilf  io.    ■  i^- 


KING  COUNSELS  MODERATION. 


31 


^ 


1 


■i 


orderly  conduct  and  inciting  a  riot.  A  largo  crowd 
i'ollowod  him  to  the  station-house,  threatening  once 
or  twice  to  rescue  him.  Arrived  at  the  i)oliee  office 
1r'  was  inniiediately  released  on  his  own  recognizance. 
Toward  morning  the  excitement  died  away,  and  the 
|i.'Oj)lc  dispersed  to  their  homes.  Cora  was  examined 
l»v  the  authorities  and  held  tor  trial. 

It  was  said  that  the  cause,  though  not  the  imnie- 
«liate  occasion,  of  the  shooting  of  Richardson  was 
natural  indignation  resulting  from  the  offensive  de- 
inean(H*  while  at  the  theatre  toward  Mrs  l-iicliardson 
of  Ik'lle  Cora,  a  notorious  prostitute  hy  whom  Cora 
was  supported,  and  who  honored  him  by  assuming  his 
name.  To  my  mind  the  dispute  speaks  little  l)etter 
l')r  the  wife  than  for  the  mistress,  as  no  lady,  be  the 
circumstances  what  they  might,  would  quarrel  with  a 
prostitute  at  a  theatre,  and  no  prostitute  would  insult 
a  lady  who  gave  her  no  opportunity. 

Tlie  feeling  awakened  by  this  assassination,  follow- 
ing as  it  did  a  long  list  of  unpunished  outrages,  was  not 
allayed  by  another  brutal  murder  committed  at  the 
^[iosion  a  week  after,  })lunder  being  the  incentivi\ 
There  were  many  calls  for  a  vigilance  connnittee  at 
that  time;  but  the  very  men  who  six  months  after- 
Avard  were  driven  to  this  ultimate  resort,  now  made 
their  inilucnce  felt  against  such  a  remedy.  In  the 
liichardson  case  they  successfully  argued  that  as  the 
\i('tim  was  a  prominent  federal  officer,  the  murderer 
one  of  a  class  of  vultures  against  whom  [)ubrK'  opinion 
Mas  ](i'in<>:  aroused,  and  the  crime  one  attended  with 
atrocious  coolness,  the  pi'obabilities  were  strong  that 
the  courts  would  administer  justice. 

At  this  time  Mr  King  wrote  vigorously  in  the 
Ij'i/fcf/n  advocating  de[)en(lence  on  the  law,  assorting 
with  good  cause  the  imi)licit  coniidencc^  univoi-sally 
i'elt  in  the  integrity  of  Judge  Norton  and  Judge 
1  lager,  before  one  of  whom  the  case  would  pi'obably 
be  tiied,  and  ex[>ressing  his  personal  hope  and  belief 
that  the  day  had   passed  when   i-esort   to  arhitrary 


I 


82  ASSASSINATION. 

measures  should  bo  necessary  to  secure  justice  In 
San  Francisco.  Neverthless  his  language  was  plain 
enough  as  to  what  should  be  done  in  case  of  further 
trifling  with  justice. 

"Hang  Billy  Mulligan!"  he  cries.  "That's  the 
word!  If  Mr  Sheriff  Scannell  does  not  remove  Billy 
Mulligan  from  his  present  post  as  keeper  of  the 
county  jail,  and  Mulligan  lets  Cora  escape,  hang 
Billy  Mulligan,  and  if  necessary  to  get  lid  of  the 
sheriff",  hang  him — hang  the  sheriff!  Strong  measures 
are  now  required  to  have  justice  done  in  this  case  of 
Cora.  Citizens  of  San  Francisco!  what  means  this 
feeling  so  prevalent  in  our  city  that  this  dastardly 
assassin  will  escape  the  vengeance  of  the  law?  Oh 
heavens!  what  a  mortification  to  every  lover  of  d(^- 
cency  and  order,  in  and  out  of  San  Francisco,  tc\ 
think  that  the  sheriff  of  this  county  is  an  ex-keeper 
of  a  gambling  hell;  his  deputy,  who  acts  as  keeper  of 
the  county  jail,  is  the  notorious  Billy  Mulligan,  and 
a  late  deputy.  Burns,  the  late  capper  at  a  string- 
game  table !  Merchants  of  San  Francisco,  mechanics, 
bankers,  honest  men  of  every  calling,  hang  your 
heads  in  very  shame  for  the  disgrace  now  resting  on 
the  city  you  have  built!" 

While  deprccatinpf  the  necessity  for  it,  people  began 
to  talk  of  the  reoiganization  of  the  Viii'ilance  Com- 
mittec,  but  Mr  King  was  not  in  favor  of  it.  The 
offices  of  judges  and  jailer  were  filled  by  the  tools  of 
cutthroats  who  unblushingly  plied  their  traffic  upon 
the  most  public  thoroughfares  in  open  day,  and  then 
bet  two  to  one  that  they  would  escape  punishment. 
Abroad  emigration  was  checked  by  the  prevailing 
idea  of  villainy  and  corruption  in  ever}^  avenue  of 
society,  and  at  home  respectable  men  felt  it  a  duty 
to  their  families  to  quit  the  country  rather  than  ex- 
pose their  children  to  the  vice  and  iniquity  that  so 
unblushingly  stalked  the  streets. 

V/hen  llichardson  was  shot  by  Cora,  "Who  w'ill  be 
the  next  victim  i 


peop 


J' 


4 


3 


J 


'^ 


JFAILURE  TO  CONVICT. 


33 


IQ- 


began 
Corn- 
Tho 
)lsof 
upon 
then 
imcnt. 
ailing 
uo  of 
cUity 
m  cx- 
lat  so 

nil  be 
the 


special  friend  and  crony  of  the  murderer.  What 
a  farce!  **If  the  jury  that  tries  Cora  is  packed, 
hang  the  sherifi*!"  exclaims  one.  "Mark  my  words," 
savs  another,  "Charles  Cora,  if  left  to  be  tried  by 
the  legal  tribunals,  will  be  let  loose  upon  the  com- 
nuinity  to  assassinate  his  third  victim."  All  good 
citizens,  and  most  assuredly  all  evil-minded  ones, 
]ioped  the  time  had  passed  when  the  necessity  ot" 
vigilance  committees  existed,  yet  the  former  were 
]eady  to  resort  to  that  or  any  other  means  which 
should  assure  them  safety,  peace,  and  good  govern- 
ment. 

Several  months  elapsed  before  the  case  of  Cora  was 
I  ought  to  trial;  meanwhile  a  man  named  McDuffie 
•was  appointed  to  the  vacant  post  of  United  States 
marshal.  This  person,  in  connection  with  a  partner 
named  Van  Read,  had  accumulated  a  fortune  by  con- 
ducting gambling  hells  in  Marysville,  at  the  tables  of 
which  Cora  had  served;  and  when  it  was  found  that 
A  an  Read  was  actively  engaged  in  efforts  to  clear  Cora, 
the  public  thought  there  might  be  some  foundation 
for  the  assertion  that  one  gambler  had  murdered  the 
marshal  to  enable  another  gambler  to  secure  his  place. 
Deep  indignation,  moreover,  Avas  felt  at  finding  that 
the  influence  of  the  fraternity  had  extended  even 
to  Washington,  and  had  seduced  Senator  Weller  to 
abuse  the  confidence  of  the  president  of  the  United 
States  by  inducing  him  to  make  an  appointment 
which  thus  appeared  to  further  such  a  conspiracy. 

When  Cora  was  brought  to  trial  it  was  founti 
that  the  subscriptions  of  his  fellow- gamblers  and  the 
lavish  liberality  of  his  paramour  had  not  only  se- 
lured  a  brilliant  array  of  lawyers,  but  had  hired  and 
iliilled  a  number  of  witnesses  to  testify  that  the 
marshal  was  about  to  kill  the  gambler  when  the 
gambler  killed  the  marshal.  James  Casey,  of  whom 
more  hereafter,  spent  money  freely  to  clear  Cora. 
And  although  the  district  attorney  succeeded  in 
demonstrating  the  perjury  of  some  of  the  witnesses. 


Pop.  Tnm.,  Vol.  II.    3 


34 


A.SSASSIXATIOX. 


I;!    i''ii- 


In: 


and  several  of  the  by-standers  who  had  been  sum- 
moned testified  in  the  clearest  manner  that  they  saw 
l)ot]i  of  Richardson's  hands  at  the  instant  of  the 
shooting  lianging  by  liis  side  empty,  some  of  the  jurj'^, 
confused  by  the  pleas  of  the  lawyers,  or  influenced  by 
the  solid  arguments  pouretl  from  the  prostitute's 
])urse,  refused  to  join  in  the  verdict  of  nmrder  in  the 
liist  degree.  Four  months  were  then  suffered  to 
elapse  without  indication  on  the  part  of  the  authori- 
ties that  another  trial  was  about  to  be  held ;  and  the 
rumor  that  several  of  the  witnesses  for  the  prosecu- 
tion had  been  bribed  to  leave  the  state,  and  that  the 
next  trial  would  result  in  the  criminal's  escape  for 
lack  of  evidence,  might  perhaps  have  been  veiifled  b}'' 
the  result  had  not  succeeding  events  aroused  the 
])eople  to  administer  justice  without  the  intervention 
of  lawyers  and  without  the  formal  assistance  of 
otticers  under  whose  manipulations  criminals  who 
could  command  money  or  political  influence  rarely  or 
never  suffered  the  jienalties  the  laws  provided. 

James  A.  McDougall,  afterward  United  States  sen- 
ator, was  counsel  for  Cora.  To  say  tliat  lie  did  not 
know  his  client  to  be  guilty  impeaches  his  intelli- 
gence; to  say  that  knowing  it  lie  attempted  to  clear 
and  loosen  the  bloodhound  iinpeuclies  the  integrity 
of  the  judicial  s^'stem  under  wliicli  ]iv  ])ractised. 

A  montli  after  the  occurrence  the  excitement  which 
iiad  well  nigh  called  into  action  the  old  Vigilance 
Committee  had  died  away,  and  an  apparent  apathy 
upon  tlie  subject  seemed  to  have  befallen  the  public 
mind.  But  this  in  realitv  Mas  not  the  case.  There 
was  yet  in  this  community  a  healthy  determined  sen- 
timent regarding  the  public  good.  Jf  the  properly 
constituted  authorities  would  punish  crime,  that  w^as 
sufticient;  if  not,  crime  should  not  go  unpunished. 
■"  The  people  of  this  city,"  writes  Mr  King  the  12th 
of  December,  "are  not  in  favor  of  taking  the  law 
into  their  own  hands  if  justice  can  be  done  in  the 
courts;  and  no  class  of  men  can  be  found  in  this  com- 


Ui^djL^^ 


THOMAS  KIXG. 


3fi 


u  sum- 

^M 

ley  saw 
of  the 

1^ 

le  jury, 
iced  by 
stitute's 

V  ill  the 

ered  to 

luthori- 

iiid  the 

)r()secu- 

liat  the 

ape  for 
ihed  b}' 
sed  the 

'1 

•ventioii 

V 

ance    of 

ds   who 

■i 

arely  or 

\-ij 

tes  sen- 

J 

did  not 

intcUi- 

'; 

to  clear 

J 

itegrity 

3d. 

t  which 

igilance 

■? 

apathy 

!  public 

There 

■S 
■^ 

•'r. 

ed  sen- 

;J 

i()[)erly 

^ 

lat  was 

nished. 

■J 

le  12th 

' 

he  law 

" 

in  the 

is  com- 

iiiunity  more  in  fa'v'^or  of  law  and  order  than  the  mem- 
Ijcrs  of  the  old  Vigilance  Coinniittce.  But  if  the 
courts  were  to  relapse  into  the  former  farcical  apol- 
ogies we  had,  it  would  require  but  a  few  hours  to 
again  call  into  action  the  same  body  of  men,  with  the 
addition  of,  as  before,  the  best  business  men  of  the 
city  as  members  and  co-workers." 

Witli  remarkable  vigor  and  persistency  Mr  King 
continued  the  war.  Evil-doers  were  ruthlessly  hunted 
down  and  their  misdeeds  exposed,  until  the  Bulletin 
editor  was  more  hated  and  feared  than  all  the  emis- 
saries of  Satan.  His  strictures  were  not  always  just 
or  judicious,  but  on  the  whole  his  influence  was  most 
beneticial.  He  dared  to  do  and  did  what  others 
scarcely  dan;d  to  think.  It  was  no  groundless  fcjir, 
this  of  his  friends  that  he  would  be  shot;  but  like  a 
liero-inartyr  as  lie  was,  James  King  threw  up  his  life 
at  the  beginning  of  the  battle.  He  saw  the  city 
stee])ed  in  corruption,  reeking  in  vice,  groaning  under 
l)Ui-dens  imposed  by  gambling  officials,  a  reproach  at 
home  and  a  byword  abroad.  Yet  he  believed  there 
were  not  wanting  tlie  ten  nien  tliat  should  save 
it.  He  determined  to  break  up  the  iniquitous  nest 
of  political  pimps  and  murderous  demagogues  which 
iniected  the  place,  and  he  did  it. 

The  storm  which  had  been  so  lonu"  brewiim'  at 
length  burst  with  a  fury  little  expected  even  by  those 
wlio  had  invoked  it.  Amona:  other  infelicities  of  the 
•  lay  there  w^as  no  little  wrangling  over  the  selection  of 
custom-house  servants,  incident  to  the  appointment 
nl"  a  new  collector.  In  the  Bulletin  of  the  9th  of  May 
ISaO  was  printed  an  article  by  a  correspondent  who 
signed  himself  "A  Purifier,"  in  which  the  name  of 
t»i>e  Bagley  was  mentioned  as  a  person  unfit  for  a 
certain  coveted  position,  he  having  been  indicted  at 
oM(,'  time  for  attempting  the  life  of  James  Casey,  a 
]»i()minent  politician,  and  proprietor  of  the  Sunday 
Tiines. 

On  the  1 1  til  of  May  a  communication  appeared  in 


:ic, 


ASSASSINATION. 


Mr  Casey's  paper,  over  the  signature  "  Calaban." 
After  accusing  the  Bulletin  of  inconsistency  in  con- 
densing certain  appointments  of  the  governor  and  of 
the  president,  and  praising  certain  others  made  by  the 
collector  of  the  port,  the  writer  says:  "Now,  Mr 
Editor,  the  question  arises,  whence  this  great  and 
monstrous  sympathy  for  Mr  Latham?  I  will  tell  you. 
Mr  King,  James  King  of  William,  has  a  brother  who 
holds  a  lucrative  position  in  the  custom-house,  under 
Mr  Latham,  and  this  brother  is  one  of  the  proprietors 
of  that  consistent,  courageous,  independent,  and  im- 
maculate sheet,  the  Bulletin ;  hinc  illce  lachrymce. 

"Another  point  to  which  I  wish  to  call  the  at- 
tention of  your  readers  is  this:  the  brother  I  allude 
to  was  an  applicant  for  the  office  of  United  States 
marshal  for  (California  at  the  same  time  with  Mr 
McDuffie.  Is  it  not  possible,  ay,  even  probable, 
that  the  bitter,  unrelenting,  and  malicious  prosecu- 
tion of  that  gentleman  by  the  editor  of  the  Bulletin 
was  instigated  by  motives  of  revenge  for  the  defeat 
of  his  brother,  who  I  say  is  a  large  share-holder  in 
the  Bulletin  r 

Thomas  King,  though  heartily  sympathizing  witli 
his  brother  and  giving  him  his  earnest  support,  was 
a  very  different  kind  of  a  man.  Coarse,  illiterate,  and 
common  in  mind  and  manners,  he  carried  about  him 
that  same  vindictive  energy  which  characterized  his 
brother  James,  with  this  difference:  James  King's 
hatred  of  sinners  sprang  from  a  hatred  of  sin,  and 
was  sanctified  by  the  noble  purpose  of  cleansing 
society;  and  this  because  he  loved  purity  and  justice 
and  abhorred  vice.  Thomas  King  hated  on  general 
|)rinciples.  Had  Casey  been  his  brother  he  would 
iiave  hated  James  King  as  heartily  as  he  now  hated 
Casey.  That  he  was  on  the  right  side  was  owing  to 
accident.  Without  being  a  very  bad  man  or  a  very 
good  one,  he  was  full  of  explosive  material  which,  like 
the  paper  cannon  the  Chinese  make  for  our  Fourth 
of  July,  was  ready  when  ignited  to  burst  out  on  its 


CASEY  THE  CON\^CT. 


37 


weakest  side.    The  expansive  force  of   his   passions 
was  as  likely  to  drive  him  downward  as  upward. 

In  the  advertising  columns  of  the  Herald  of  Tues- 
day morning  the  13th  of  May  was  the  following  card: 

"A  communication  appeared  in  the  Sunday  Times  of  the  11th  Instant 
stating  that  I  was  an  applicant  for  the  office  of  United  States  marshal.  I 
have  called  several  times  to-day  at  the  office  of  Mr  Casey,  the  proprieter  of 
the  Times,  to  get  from  him  the  name  of  the  author,  which  Mr  Casey  promised 
to  make  known  after  first  having  an  interriew  with  him.  At  the  hour  ap- 
pointed to-night  by  Mr  Casey  I  called,  but  was  unable  to  find  him.  Until  I 
receive  the  name  of  the  author,  I  wish  simply  to  say  that  I  never  applied  nor 
thought  of  applying  for  the  office  of  United  States  marshal. 

",s'a«  Francisco,  May  12,  1856.  Thomas  S.  Kino." 

Thus  it  appears  that  Thomas  King  called  on  Casey 
for  the  authorship  of  the  article,  which  Casey  refused 
to  give.  "  The  writer  is  an  old  man,"  said  Casey,  "  a 
man  of  peaceable  habits,  and  rather  than  that  he 
should  suffer  I  will  be  responsible."  Very  kind  of 
Casey.  Tuesday  morning  King  met  Casey  on  Mont- 
gomery street,  and  again  demanded  the  author's  name. 

"  I  will  not  give  it  you,"  said  Casey. 

"I  will  give  3^ou  till  ten  o'clock  to-morrow;  if  you 
do  not  reveal  to  me  his  name  by  that  time  you  shall 
stand  the  consequences,"  said  King. 

"My  mind  is  made  up.  I  do  not  want  ten  minutes; 
I  will  not  give  it  you !"  replied  Casey. 

Next  day,  Wednesday,  King  sought  Casey  and 
found  him,  but  made  no  demonstration  of  hostilities. 
He  had  promised  his  brother  that  ho  would  not  at- 
tack him;  their  weapon  must  be  the  pen,  and  in  the 
hand  of  the  reformer  blows  from  it  should  fall  heavier 
than  those  of  a  slung-shot. 

Several  months  previous  some  of  Casey's  political 
opponents,  of  the  same  quality  as  himself,  who  knew 
somewhat  of  his  antecedents,  had  sent  east  and  ob- 
tained a  certified  copy  of  his  conviction  in  New  York 
for  robbery,  and  his  subsequent  imprisonment  at  Sing 
Sing.  This  was  shrewdly  passed  over  to  the  common 
enemy,  as  the  opposition  well  knew  that  Mr  King 


as 


ASSASSINATION. 


roulcl  use  it  l^cttcr  in  their  behalf  than  tliemselves, 
even  if  they  had  dared  to  pu!;lish  such  a  statement 
r('irar(hn<':  one  of  their  own  class. 

In  tlie  /^'///r'^Z/t'*' editorial  of  May  14th  James  Kini>- 
(•f  William  says:  "Among  the  names  mentioned  by 
'A  Purifier'  in  his  communication  of  Friday  last  as 
objectionable  ap})ointments  to  the  custom-house  was 
that  of  ]V[r  Bagley,  who  has  since  called  on  us,  and 
by  whose  request  we  have  made  more  particular 
inquiries  into  the  charges  made  against  him.  On  Mon- 
day we  told  Mr  Bagley  that  we  could  not  feel  justi- 
fied in  withdrawing  the  general  charge  at^ainst  him, 
for  though  in  the  particular  cases  mentioned  we  had 
not  been  satisfied  that  he  was  the  party  at  fault,  yet 
the  u'cncral  character  wo  heard  was  against  him.  To 
this  Mr  Bagley  urged  that  our  informants  were  all 
enemies  of  his,  which  in  one  sense  of  the  word  is  true, 
though  they  arc  not  the  persons  he  supposes.  At 
our  last  interview  with  INIr  Bagley  we  told  him  that 
if  he  could  bring  some  respectable  persons,  known  to 
us,  who  W(ndd  vouch  for  him  and  explain  away  what 
had  been  told  us,  we  would  take  pleasure  in  saying  as 
much  in  our  paper.  Several  such  have  called  on  us, 
but  whilst  they  are  unanimous  in  saying  that  Bagley 
l)ohaves  himself  very  well  at  })resent,  yet  when  we 
ask  them,  for  instance,  about  the  light  with  Casey, 
they  cannot  explain  it  satisfactorily.  Our  impression 
at  the  time  was  that  in  the  Casey  fight  Bagley  was 
the  ajifgressor.     It  does  not  matter  how  bad  a  man 

or? 

Casey  had  been,  or  how  much  benefit  it  might  be  to 
the  public  to  have  him  out  of  the  way,  we  cannot 
accord  to  any  one  citizen  the  right  to  kill  him,  or  even 
beat  him,  without  justifiable  provocation.  The  fact 
that  Casey  has  been  an  inmate  of  Sing  Sing  prison  in 
New  York,  is  no  offence  against  the  laws  of  this  state; 
nor  is  the  fact  of  his  having  stuffed  himself  through 
the  ballot-box,  as  elected  to  the  board  of  supervisors 
from  a  district  where  it  is  said  he  was  not  even  a  can- 
didate, any  justification  for  Mr  Bagley  to  shoot  Casey, 


AT   I'HK  KDITORIAL  ROOMS. 


:» 


liowever  richly  the  latter  may  tlescrve  to  have  his 
neck  stretched  for  such  fraud  on  the  people." 

This  was  the  last  editorial  James  Kin<,^  ever  wrote; 
these  were  the  words  that  cost  him  his  life.  The  next 
day's  editorial  column  of  the  Bulletin  was  a  blank, 
speakino'  louder  in  ils  white  empty  silence  than  even 
when  filled  with  the  tiaming  words  of  its  director. 

The  present  issue  was  upon  the  street  about  i\\vvc. 
o'clock.  The  whole  fraternity  were  watching  for  it, 
as  it  was  generally  understood  among  them  what 
would  be  the  result  in  case  of  further  attack  on  Casey 
in  that  journal.  Casey  read  it,  and  all  witliin  him  be- 
came incandescent.  Stepping  (piickh'  over  to  the 
editorial  rotmis  of  the  Bulletin,  which  were  then  in 
the  second  story  of  a  building  on  Merchant  street, 
near  Montgomery,  he  found  King  seated  at  a  table  in 
an  ajiartment  alone.  An  open  door  communicated 
with  an  adjoining  room,  where  were  two  per.'wns  who 
overheard  all  that  passed.  Casey  was  much  excited 
and  out  of  breath. 

"What  do  you  mean  by  that  a)'ticle?"  he  de- 
manded. 

"What  article?"  asked  King. 

"That  which  says  I  was  formerly  ;m  inmate  of 
Sing  Sing  prison." 

"Is  not  that  true  ?" 

"That  is  not  the  question.  I  don't  wish  my  past 
acts  raked  up;  on  that  point  I  am  sensitive." 

"Are  you  done?"  asked  King.  "Tliei-e's  the  door: 
go!  never  show  your  face  here  again!" 

Casey  moved  toward  the  door,  which  was  open. 
There  he  paused  a  moment  and  burst  forth  again : 

"I'll  say  in  my  paper  who^  T  please!" 

"You  have  a  perfect  rigli;  ii>  do  so,"  returned  King; 
"I  shall  never  notice  your  paper." 

Striking  his  breast  with  his  hand,  Casey  now  cried, 
"If  necessary  I  shall  defend  myself!" 

"Go!"  exclaimed  King,  rising  from  his  seat. 

Casey  immediately  went  down  the  stairs. 


40 


ASSASSINATION. 


Tliis  was  about  four  o'clock.  sv  minntos  past 

five  Mr  King  left  his  office  as  usual  for  dinner. 
Passing  up  Merchant  street  to  Montgomery,  he 
walked  northward  along  the  east  side  in  front  of 
Montgomery  block  to  the  corner  of  Montgomery  and 
Washington  streets,  where  was  situated  a  famous  and 
fashionable  drinking-saloon  called  the  Bank  Exchange, 
where  prize-fighters  and  politicians  used  to  congre- 
gate. Thence,  without  either  slacking  or  increasing 
his  speed,  he  started  to  cross  diagonally  to  the  north- 
west corner  of  the  same  streets,  where  then  stood  a 
one-story  building  occupied  by  the  Pacific  Express 
Company.  When  nearly  across,  Casey,  who  had  been 
watching  the  movements  of  his  enemy  from  the  west 
side  of  the  street,  stepped  forward  on  the  sidewalk 
which  King  was  approaching,  threw  off  a  short  cloak 
which  concealed  a  cocked  pistol  in  his  hand,  and 
crying  "Come  on!"  instantly  fired. 

"Oh  God!  I  am  shot!"  cried  King,  and  staggered 
into  the  express  office. 


CHAPTER  III. 


THE   PRINCE   OP   VILLAINS. 


Wouldst  thou  to  honor  and  preferment  climb? 
Be  bold  in  mischief,  dare  some  mighty  crime. 
On  guilt's  broad  base  thy  toweruig  fortunes  raise, 
For  virtue  starves  on  universal  praise. 

Juvenal. 

Casey  was  about  fifteen  paces  from  King  when  he 
fired.  The  weapon  used  was  what  was  known  as  a 
navy  revolver,  being  larger  th^n  the  ordinary  six- 
shooter.  The  ball  struck  the  left  breast,  glanced  up- 
ward under  the  clavicle,  and  passed  out  below  the 
shoulder-blade.  He  was  not  a  bungler  at  butchery. 
It  was  a  good  shot  for  fifteen  paces;  and  mark,  it  was 
the  left  breast  that  was  struck.  He  was  not  a  common 
dark-lane  cutthroat,  or  a  garroting  pick-pocket.  He 
was  a  politician  and  an  office-holder,  and  when  he 
wanted  money  he  took  it  from  the  public  like  a  gen- 
tleman. 

Assassination  under  his  delicate  touch  was  a  moral 
lesson,  or  as  De  Quinccy  would  say,  a  fine  art,  in 
which  design,  grouping,  light  and  shade,  poetry,  and 
sentiment  were  duly  considered.  Immediately  after 
firing  he  rested  his  revolver  upon  his  knee  and  with 
both  hands  cocked  it.  He  then  took  several  steps 
toward  King,  eyed  his  victim  narrowly,  as  if  to  satisfy 
himself  that  the  work  had  been  effectually  done,  then 
turned,  let  down  the  hammer  of  his  pistol,  picked  up 
his  cloak,  and  started  for  the  station-house,  to  give 
himself  up.    All  he  asked  now  was  a  fair  trial. 

We  shall  know  more  of  this  man,  for  California  owes 
him  much;  next  to  Mr  King  more  than  to  any  one  else 

(41) 


I^ 


42 


THE  PRINCE  OF  VILLAINS. 


the  bringing  to  a  blazing  heat  the  fires  of  purification. 
If  to  suffer  death  for  one's  country  be  sweet,  to  inflict 
fruitful  death  is  surely  something.  Had  Casey  and  all 
his  crew  suddenly  sainted  themselves,  and  set  about 
scraping  and  whitewashing  wickedness,  their  efforts 
never  could  have  achieved  such  beneficial  results  as 
accrued  from  that  single  pistol-shot. 

True,  if  Casey  had  not  fired  it  probably  some  one 
else  would  have  done  the  killing;  but  that  does  not 
lessen  Casey's  merit.  Ho  was  leader  of  a  cause  as 
well  as  King.  Ho  had  his  instruments,  his  organ,  and 
hundreds  waited  on  his  words.  Their  doctrine  was 
like  the  vulture's ;  some  creatures  arc  made  to  eat  and 
some  to  bo  eaten;  the  same  benign  influence  originated 
both ;  let  each  fulfil  its  destinv.     But  to  the  record. 

On  the  4tli  of  September  1851  a  convict  named 
James  Casey  was  discharged  from  the  state-prison  at 
Sing  Sing,  New  York,  having  completed  a  term  of 
two  vears  of  hard  labor,  to  which  ho  was  sentenced 
for  grand  larceny.  Coming  to  California,  he  dis- 
played so  much  cunning  and  skill  in  political  manipu- 
lations that  he  was  soon  olovated  to  a  high  position  in 
one  of  the  corruj^t  cliques  wliich  largely  controlled 
both  city  and  state  governments.  Like  his  confrere 
Broderiok,  he  was  a  leader  among  the  roughs;  like 
him  he  joined  a  fire  company,  and  was  elected  fore- 
man. He  established  tlie  Sunday  Times  newspaper, 
before  mentioned,  of  wliich  he  was  proprietor  and 
nominal  editor,  thougji  too  illiterate  to  write  for  the 
press  himself  As  inspector  of  election  of  the  sixth 
ward,  he  easily  controlled  the  election  of  city  and 
county  oflScers,  for  as  the  sixth  ward  went  so  went 
the  city  and  county.  The  sixth  ward  became  famous 
under  his  management;  and  a  desjierate  fight  at  a 
primary  in  the  si)ring  of  1853  made  Cas(^y  himself 
famous.  At  the  autunm  election  of  the  same  year 
he  was  returned  from  the  Presidio  district  to  the 
lucrative  oflSce  of  supervisor;  though  at  the  time  he 
was  not  a  resident  of  tlie  district,  nor  was  his  name 


CASEY  AND  HIS  FRIENDS. 


43 


mentioned  on  election  day  as  a  candidate.  Yankee 
Sullivan,  however,  certified  that  Casey  was  duly 
elected,  and  it  must  have  been  true,  for  the  Irish  prize- 
fi<Tlitcr  was  judge  of  the  election,  and  had  a  good 
double  back-action  ballot-box,  which  no  one  knew  how 
to  slide  but  himself 

During  these  years  Casey's  industry  and  honesty 
had  secured  him  a  fortune  of,  some  say,  forty  thousand 
dollars,  while  others  deny  that  he  saved  anything 
from  his  spoils.  At  all  events,  as  he  was  yet  under 
forty  lie  might  have  turned  honest,  retired  on  his 
laurels,  and  fattened  himself,  for  he  was  as  lean  as 
Cassius.  In  this  way  he  might  have  kept  life  within 
]iis  body  these  many  years  had  not  honor  pricked  him 
on,  or  rather  off,  as  Falstafi'  would  say.  Although 
he  had  adopted  a  middle  name,  represented  by  the 
letter  P,  to  conceal  his  identity,  lie  had  been  obliged  to 
acknowledge  his  criminal  career  in  court  one  day;  but 
this  did  not  in  the  least  weaken  his  political  influence, 
or  lessen  his  eminent  usefulness  as  one  of  the  high 
officials  intrusted  with  the  management  of  the  public 
finances. 

Short  of  stature,  slightly  built,  with  delicate  feat- 
ures, bright  intelliu'ent  blue  eves,  and  verv  large  brain, 
he  possessed  altogether  an  intL'llectual  cast  of  coun- 
tenance, in  marked  contrast  to  that  of  liis  brother 
assassin  Cora,  his  friend  and  elector  Sullivan,  and  his 
astute  counsellor  ]McGowan.  Cursed  with  greater 
abilitv  than  these,  ho  was  well  fitted  to  be  tlunr 
leader.  Above  a  high  broad  foreliead  the  head  was 
thmly  covered  with  dark  sandy  hair,  and  the  tliiu 
florid  face  was  bordered  by  short  side  whiskers.  11  is 
mmd  was  active,  his  disposition  quick  and  resentful, 
and  his  temperament  ni-rvous- sanguine.  His  dress 
was  that  of  a  gentleman. 

Thief,  fireman,  ballot-box  stufFcr,  supervisor,  editor, 
nuu'derer.  And  this  man  had  a  host  of  i'riends.  Tliere 
was  the  right  honorable  Judiro  Edward  ArcGow^m, 
standing  at  the  time  of  the  shooting  in  front  of  the 


44 


THE  PRINCE  OP  VILLAINS. 


Bank  Exchange.  Now  Ned  was  not  the  most  reliable 
of  friends,  even  when  the  man  he  loved  was  a  villain. 
Mr  William  B.  Watkins,  who  kindly  furnished  me  a 
most  interesting  and  valuable  dictation  of  his  experi- 
ences in  those  days,  is  of  the  opinion  that  it  was  no 
other  than  Ned  himself  who  furnished  King  with  the 
certificate  of  Casey's  Sing  Sing  service. 

But  if  the  archenemy  of  all  the  vagabonds  was  to 
be  slain,  then  Ned  was  a  friend  of  the  slayer;  for  Ned 
was  not  conductor  of  a  Sunday-school,  nor  did  he  pass 
the  plate  in  church.  It  was  rare  fun  for  Ned  to  set 
King  on  Casey,  and  then  Casey  on  King ;  and  if  each 
killed  the  other,  or  the  hangman  secured  both,  so 
much  the  better.  Scarcely  had  Wednesday's  Bulletin 
appeared  upon  the  street  before  Ned  had  purchased  a 
copy,  and  hurrying  off  to  his  much  maligned  Casey 
spread  before  him  the  infamous  article  with  sympa- 
thetic eye  but  buoyant  heart.  He  well  knew  the 
words  to  drop  which  would  at  that  moment  act  upon 
the  nervous,  inflanmiable  Casey  as  coals  of  fire  upon 
gunpowder:  the  words  to  cause  an  explosion  pro- 
ductive of  happy  horror  to  the  ever-lucky  'Ubiqui- 
tous.' It  is  said  that  at  this  brief  pregnant  interview 
McGowan  urged  Casey  to  kill  King,  and  either  handed 
him  his  revolver  with  which  to  do  the  deed  or  offered 
to  lend  it  to  him. 

Pete  Wightman,  the  butcher,  was  there  talking  with 
McGowan  at  the  time,  and  casting  significant  glances 
along  the  sidewalk  leading  from  Merchant  street. 
James  M.  Estell,  of  state -prison  contract  notoriety, 
who  for  Mr  King's  death  did  not  put  on  mourning, 
was  there;  likewise  Vi  Turner,  and  not  far  distant 
Webb  and  Hawes,  and  many  others. 

The  killing  of  King  was  not  Casey's  first  offence, 
but  the  culmination  of  a  catalogue  of  offences.  Says 
Mr  Farnham  of  his  accomplishments:  "He  sold  nom- 
inations to  the  highest  bidder,  taking  money  from  all ; 
he  furnished  judges,  shoulder-strikers,  and  stuffers  on 
election  days;  he  procured,  for  a  consideration,  the 


A  PIOUS  LAWYER. 


45 


.  reliable 
L  villain, 
ed  me  a 
;  experi- 
was  no 
vith  the 

i  was  to 
for  Ned 
he  pass 
d  to  set 
I  if  each 
)oth,  so 
Bulletin 
ihased  a 
i  Casey 
sympa- 
lew  the 
ct  upon 
re  upon 
)n  pro- 
CJbiqui- 
terview 
handed 
oflfered 


passage  of  fraudulent  bills  through  the  board  of  which 
he  was  a  member."  He  was  pronounced  the  most  ex- 
port ballot-box  stufFor  and  ticket-shifter  in  the  world. 
Officer  after  officer  he  placed  in  power,  and  then  shared 
with  them  the  spoils.  If  Casey  sat  upon  a  ballot-box, 
it  was  sure  to  hatch  him  out  a  follower. 

Though  a  good  Catholic,  he  displayed  absolute 
atlioism  in  morality  and  honesty.  He  was  a  most 
woitliy  member  of  the  society  for  the  suppression  of 
political  morals;  he  was  a  just  striker,  a  wise  stuffi:'r, 
a  religious  whiskey- drinker,  and  in  all  his  family  and 
s()cial  relations  a  warm-hearted  and  humane  villain. 

Thus  we  see  that  Casey  was  a  first-class  villain ; 
indeed  a  prince.  Tricky  fingers  had  woven  the  thread 
of  his  destiny.  He  was  not  what  Californians  would 
call  mean;  he  would  not  descend  to  petty  stealings. 
Among  his  friends  he  had  the  reputation  of  being 
highly  honorable,  though  revengeful  toward  his  ene- 
mies. He  was  much  more  gentlemanly  and  chivalrous 
than  many  an  honest  man.  He  returned  good  for  good, 
which  is  more  than  can  be  said  of  some.  He  had  been 
tauijht  from  childhood  to  rijjht  his  own  wronjjs. 

How,  as  one  studies  societv,  the  lauijhinq'  liccht  of 
the  grotesque  appears  tc  view!  How  the  irony  of 
respectability  and  fashion  displays  itself  in  certain 
phases  of  the  public  morality  and  public  sentiment 
which  we  so  devoutly  worship!  There  was  one  who 
was  afterward  among  Casey's  judges,  a  Judas,  and  a 
far  worse  man  than  Casey,  a  more  dangerous  man, 
because  less  manly  and  more  hypocritically  subth', 
around  whose  neck  Casey  himself  might  consistently 
have  placed  the  cord  that  should  strangle  him. 

This  man  was  a  lawyer  by  profession,  a  trickster  by 
l)ractice.  He  was  a  slippery  eel,  foremost  in  s«>(  itty, 
church,  and  state.  The  devil  is  the  most  devout  of 
Avorshippers.  Shortly  before  his  death  INIr  King  had 
berated  him  soundly  for  certain  of  his  dark  ways,  but 
by  some  means  he  had  managed  to  get  himself  placed 


m  THE  PRINCE  OP  VILLAINS. 

upon  the  board  which  was  to  adjudge  Casey,  and  now 
he  was  loudest  in  lamenting  the  death  of  the  reformer, 
quickest  in  avenging  it,  and  foremost  in  collecting 
money  for  the  relief  of  his  family  and  for  erecting  a 
monument  over  his  remains,  which  last  mentioned  act 
was  doubtless  one  of  the  pleasantest  of  his  life;  and 
i'or  personal  reasons  he  would  have  the  dead  man's 
covering  heavy  and  substantial. 

A  story  is  told  of  this  lawyer,  who  with  a  San 
Francisco  speculator  was  once  in  London  attempting 
to  place  some  bogus  mines,  et  hoc  genus  omne,  upon 
that  market.  They  quarrelled  and  went  to  law.  A 
broker,  well  knowing  both  persons,  happened  to  be  in 
London  at  the  time,  and  to  him  the  lawyer  applied 
for  testimony  upon  the  character  of  his  opponent. 

"  You  know  this  man?"  queried  the  lawyer  of  the 
broker,  referring  to  the  speculator. 

"Yes." 

"You  have  known  him  long  and  intimately?" 

"  Yes." 

"  Have  had  business  transactions  with  him,  and 
know  of  his  business  transactions  with  others,  and  of 
his  general  character?" 

"Yes." 

"  Now,  Mr  Broker,  could  you  not  testify  for  me  in 
court  that  you  would  not  believe  him  under  oath?" 

"()  yes,"  replied  the  broker,  "I  could  easily  do 
that." 

"All  right,"  responded  the  lawyer,  in  a  tone  of  great 
satisfaction,  "I  will  send  a  cab  for  you  at  eleven 
o'clock  to-morrow.     Good-day,  and  many  thanks." 

"But,  stop  a  minute  1"  cried  the  broker,  evidently 
somewhat  embarrassed;  "once  in  court  and  on  the 
stand,  it  is  difficult  to  say  what  questions  may  arise. 
Xow  suppose  he  should  ask  me  to  testify  the  same  of 
you.   I  should  have  to  do  it  1  I  should  have  to  do  it  I" 


Clearly,  then,  there  are  villains  that  are  hanged 
and  villains  that  are  not  hanged.     A  little  villainy. 


TESTIMONY. 


47 


like  a  little  learning,  is  a  dangerous  thing.  Often  a 
double  display  of  villainy  makes  a  hero  of  him  whom 
half  the  quantity  would  hang.  Casey  in  such  a  mur- 
der deems  himself  safe  enough,  safer  than  if  he  had 
committed  half  as  heinous  an  offence,  from  the  fact 
that  the  very  magnitude  and  boldness  of  the  deed 
raised  him  up  defenders  who  would  have  let  him  go 
to  prison,  thinking  nothing  of  it,  for  stealing  a  horse, 
but  in  common  with  others  as  cunning  and  far- 
siohted  as  himself,  the  uprising  o'f  the  people  in  such 
^  asi  vehement  earnestness  was  an  event  not  reckoned 
oi).  Did  not  Cora  shoot  Richardson,  and  was  not  his 
case  progressing  finely?  That  there  were  men  in  the 
lanks  of  vigilance  committees  who  should  have  havu 
in  the  committee's  cells;  that  there  were  thieves  who 
turned  thief-hunters  and  loudly  shouted,  'Stop  thief!' 
that  scoundrels  fearful  of  arrest  joined  the  vigilants 
and  were  apparently  most  earnest  in  procuring  the 
arrest  of  scoundrels,  there  can  be  no  doubt.  Manv 
^\'ere  the  knees  an  accusing  conscience  made  to  shako 
^■henever  bells  tolled  the  assembling  of  the  people. 
Tliere  wore  others  at  that  time*  of  California,  very  re- 
sjtectable  gentleman,  who,  if  not  as  bad  as  Casey,  were 
none  too  good  to  be  hanged.  The  speculator  of 
whom  I  spoke,  rich  and  respectable  enough  as  stock- 
gamblers  go,  would  sacrifice  his  best  friend,  liis  wife, 
Ills  mother,  his  soul,  though  that  were  the  least  part 
of  him,  for  money.  Casey  was  true  to  his  friends: 
lor  when  asked  by  his  judges  if  he  had  taken  any 
into  his  counsel  respecting  the  murder  before  he  did  it, 
if  any  knew  the  deed  was  to  be  done,  he  replied,  "No 
one."  Yet  afterward,  namely,  on  Wednesday  the 
21st  of  May,  Andrew  Hepburn  swore  that  Peter 
Wightman,  butcher,  a  friend  of  Casey's,  and  Lafay- 
ette Byrne,  deputy-sheriff,  were  on  the  spot  at  the 
shooting,  and  seizing  Casey  protected  him  from  the 
fury  of  the  people,  and  led  him  away  to  the  jail  for 
shelter.  Lafayette  Byrne  testified  that  he  was  in  con- 
versation with  one  McGrotty  just  before  the  murder. 


48 


THE  PRINCE  OP  VILL/-IMS. 


"  There  is  some  shooting  to  come  off,"  remarked 
McGrotty. 

"Yes?"  said  Byrne;  "between  whom?" 
"  King  and  Casey,"  answered  McGrotty. 
Robert  Somerville  testified: 

"I  was  on  the  comer  of  Mongtomery  street  on  Wednesday  last,  on  the 
sidewalk  in  front  of  the  Bank  Exchange.  I  saw  James  King  of  William 
crossing  leisurely,  with  his  head  down,  from  the  place  where  I  stood  toward 
the  Metropolitan  saloon.  I  saw  Mr  Casey  step  out  from  behind  a  wagon 
standing  in  front  of  Phil's  saloon.  He  walked  quickly,  and  a  little  carelessly, 
and  in  a  manner  not  calculated  to  arrest  the  attention  of  Mr  King  until 
within  fifteen  paces  of  him,  when  he  suddenly  stopped,  threw  oflF  his  cloak, 
presented  a  pistol,  and  fired  at  Mr  King,  at  the  same  time  saying  something 
which  I  could  not  hear.  Mr  King  did  not  appear  to  be  fully  aware  of  the 
presence  of  Mr  Casey  until  he  received  the  ball.  Mr  King  then  turned  his 
face  toward  me,  uttered  an  exclamation,  and  walked  toward  the  door  of  the 
Pacific  express  oflBce,  where  he  staggered  in.  Casey  moved  a  few  feet  sidewise 
or  forward,  turned  and  picked  up  bis  cloak,  and  walked  to  the  comer  of 
Washington  street,  where  he  was  joined  by  two  men,  one  of  whom  was  Pete 
Wightman.  They  walked  up  Washington  street  toward  the  station-house, 
when  I  saw  no  more  of  them.  About  ten  minutes  previous  to  this  occurrence 
I  was  standing  in  the  Bank  Exchange.  Two  men  were  drinking  at  the  bar. 
One  was  Pete  Wightman.  They  were  suddenly  interrupted  by  a  boy  named 
John  Butts,  who  hastily  entered  and  whispered  to  them,  when  they  at  once 
dropped  their  glasses  and  eagerly^ turned  upon  him. 

" '  Who  told  you  so?'  in  one  breath  they  both  exclaimed. 

"  '  Casey,'  replied  the  boy. 

"  They  instantly  left  the  room.  I  looked  after  them,  and  saw  Casey  stand- 
ing on  the  outside  on  Washington  street,  near  the  door  where  they  passed  out. 
I  turned  and  made  a  remark  to  a  gentleman  that  something  was  wrong.  The 
gentleman  replied  that  Casey  had  been  in  a  moment  before  and  handed  Pete 
Wightman  a  pistol.  This  induced  me  to  look  after  them,  and  upon  going 
out  I  saw  Wightman  standing  in  front  of  the  Bulletin  office.  I  passed  up 
Clay  street,  where  I  saw  Casey  standing  on  the  comer  of  Clay  and  Mont- 
gomery streets.  I  then  turned  toward  the  Bank  Exchange  and  passed  Mr 
King,  who  was  conversing  with  Mr  Kingsbury  on  Duncan's  comer.  I  looked 
back  toward  Mr  King  and  saw  that  Pete  Wightman  had  changed  his  posi- 
tion ;  he  had  approached  nearer  Mr  King,  and  was  standing  and  apparently 
watching  him.  A  moment  after  this  Mr  King  left  Mr  Kingsbury  and  ap- 
proached me,  when  I  saw  Pete  Wightman  closely  following  Mr  King.  Mr 
Casey  probably  passed  on  the  other  side,  as  he  had  plenty  of  time  to  do  so 
leisurely.  I  saw  Wightman  after  this,  and  he  had  hold  of  Mr  Casey.  At  the 
time  these  events  were  taking  place  the  shooting  occurred.  All  the  circum- 
stances that  I  have  related  occupied  only  about  ten  minutes. " 

This  concluded  Mr  Somerville's  testimony.  From 
the  words  and  manoeuvring  described  by  these  wit- 


THE  .VICTIM. 


49 


nesscs  there  is  no  question  but  that  the  premeditated 
deed  was  known  to  others.  So  at  all  events  thought 
the  grand  jury,  who  on  this  same  day  presented  in- 
dictments against  James  P.  Casey,  Peter  Wightman, 
and  Edward  McGowan  for  the  nmrder  of  James  King 
of  William. 

^McGowan  himself  says  that  on  that  afternoon  he 
had  been  trying  a  case  before  Justice  Ryan,  which  ho 
liad  postponed  until  the  following  day.  "After  my 
client  and  I  had  stepped  out  of  court,"  he  writes  in 
his  narrative,  "I  saw  the  Evening  Bulletin,  containing 
the  above  remarks  with  reference  to  Casey.  I  had  not 
up  to  this  time  even  heard  that  Casey  had  had  an 
interview  with  King.  I  went  from  the  court-room 
down  on  to  Montgi^mery  street  and  stopped  in  the 
neighborhood  of  the  Bulletin  office.  I  saw  many  per- 
sons gathered  in  knots  about  the  streets,  and  every- 
thing  indicated  to  me  that  a  fight  was  expected.  It 
was  now  about  twenty  minutes  to  five  o'clock.  While 
I  was  standing  on  the  street  a  friend  informed  me 
tliat  Casey  wanted  to  see  me  at  a  bar-room  kept  in 
the  rear  of  the  city  hall  by  James  Godfrey,  Esq.  I 
at  once  went  there,  and  among  a  great  many  other 
persons  I  saw  Casey.  He  and  I  immediately  stej^jied 
into  the  alley  on  which  the  house  is  situated,  and  I 
tliere  learned  for  the  first  time  what  had  occurred 
between  him  and  Mr  King.  He  was  very  cool,  but 
jq)[)arcntly  very  angry.  He  told  me  that  his  determi- 
nation was  to  attack  Mr  King,  and  that  he  had 
linished  the  adjustment  of  his  affairs,  so  that  in  the 
event  of  his  fall  there  would  be  no  difficulty  about 
tliem. 

The  chivalry  called  the  assassination  a  fight.  The 
re])orters  of  the  journals  and  their  witnesses  on  the 
stand  all  took  pains  to  show  that  King  was  armed,  and 
that  Casey  before  shooting  cried  to  him,  "Di'aw  and 
defend  yourself!  Are  you  armed  ^  I  am  going  to 
shoot  you!"  While  awaiting  death  Kin<j:  assured  his 
iriends  that  no  such  words  were  spoken;  and  if  they 

Pop.  Tbiu.,  Vul.  II.    4, 


50 


THE  PRINCE  OF  VILLAINS. 


were,  all  agreed  that  King  had  not  time  to  avail  him- 
self of  any  benefit  from  them  before  Casey  fired. 

Faint  from  the  sudden  and  dreadful  blow  which 
struck  the  life-impelling  cord  and  well  nigh  let 
the  hesitating  spirit  free,  James  King  had  scarcely 
strength  to  reach  the  room  of  the  express  company, 
where  he  sank  into  a  seat.  And,  indeed,  had  not  some 
gentlemen  caught  him  he  would  have  fallen  upon  the 
sidewalk.  The  wound  bled  profusely,  and  was  very 
painful;  but  it  was  the  murder  of  his  high  purposes 
that  now  most  troubled  him.  There  is  something  in 
the  uncaging  of  an  incarnated  soul  so  painfully  ap- 
palling that  no  man,  unless  thoroughly  brutalized  or 
diabolified,  unless  he  were  less  or  more  than  man, 
would  dare  to  take  upon  himself  the  fearful  responsi- 
bility of  doing.  The  nmrderer  knows  not  what  he 
does.  His  crime  is  beyond  the  faculties  of  man  to 
appreciate,  as  it  is  beyond  the  power  of  words  to  abhor. 
The  more  we  anatomize  this  atrocity  the  more  its 
hideousness  is  revealed  to  us.  Who  would  not  rather 
at  this  juncture  be  King  than  Casey? 

A  bed  was  quickly  provided  for  the  wounded  man, 
and  a  number  of  the  most  skilled  surgeons  of  the  city 
were  soon  in  attendance.  The  wound  was  dressed,  anil 
by  the  aid  of  morphine  the  patient  was  put  to  sleep. 
About  seven  o'clock  Mrs  King  arrived  and  nursed  her 
husband  through  the  night.  The  next  day  he  was  re- 
moved to  a  room  in  Montgomery  block,  where  he  re- 
mained until  he  died,  which  was  the  sixth  day  after 
the  shooting.  Dr  Toland  testified  at  Napa,  in  the 
McGowan  case,  that  there  were  not  loss  than  twenty 
j>hysicians  in  waiting — surely  enough  to  kill  any  man 
though  he  had  not  first  been  shot. 

It  is  needless  to  say  that  all  was  not  harmony 
among  them.  A  small-sized  surgeon's  sponge  was  in- 
troduced to  stanch  the  hemorrhage,  and  this  was 
retained,  contrary  to  the  advice  of  some,  up  to  the 
morning  of  the  day  he  died.     Says  Dr  R.  Beverly 


if! 


DEATH'S  TRIUMPH. 


SI 


Cole,  in  a  liijjfhly  important  narrative  of  the  case  which 
he  has  laid  before  me:  "It  was  in  consequence  of  the 
retention  of  the  sponj^e  for  so  long  a  time,  which  was 
in  conflict  with  my  better  judgment,  that  I  on  the 
morning  of  the  third  day  retired  from  and  severed 
my  connection  with  the  ca.se,  not  being  sustained  in 
my  opinions  and  suggestions  by  the  other  physicians 
in  attendance.  Grave  professional  suspicion  arose  as 
to  the  agency  of  the  additional  shock  to  the  nervous 
system  produced  by  the  removal  of  the  sponge,  and 
subsffjuent  examination  of  the  wound  with  the  finger 
and  instruments,  in  producing  the  sudden  Jind  unex- 
pected termination  of  the  case."  Dr  Cole  is  no  less 
esteemed  as  a  citizen  than  respected  as  a  surgeon. 
He  was  a  personal  and  intimate  friend  of  Mr  King, 
and  took  an  active  part  in  the  movement  which  fol- 
lowed. 

It  was  hard  for  Mr  King  to  reconcile  himself  to 
die  at  this  time  and  in  this  manner;  no  one  knows 
how  hard.  He  retained  his  consciousness  to  the  last. 
He  was  young  and  strong,  and  nerved  to  a  contest 
which  all  the  world  regarded  with  interest.  His 
whole  soul  was  in  the  battle.  His  enemies  must  now 
triumph;  and  his  well  nigh  heart-broken  wife  and 
children  must  be  left  to  make  their  way  through  life 
alone,  penniless,  and  unprotected.  During  the  first 
night  of  his  illness  he  several  times  turned  to  Dr  Cole 
anil  asked  if  in  his  judgment  there  w^as  any  hope  for 
him. 

Alas,  nol  Hope  for  him?  Yes.  Beloved  of  the 
gods,  he  was  permitted  in  one  short  moment  of  time 
to  cast  upon  the  altar  of  his  high  and  holy  purjiose 
the  whole  voluuie  of  his  youag  ambition,  and  achieve 
by  his  deuth  more  than  he  jould  hope  ever  to  ol>taiu 
by  a  long  and  wearisome  life.  Blessed  privilege!  To 
linish  a  worthy  life-work  just  begun,  by  quick  and 
glorious  death ! 

There  was  quite  a  strange  coincidence  attending 
the  threats  made  upon  Mr  King  and  his  death.    In 


fi2 


THE  PPwINCE  OF  VILLAINS. 


i! 


the  course  of  some  severe  strictures  on  cfamblcrs  in 
j^eiieral,  and  ^'amblers  in  office  in  particular,  of  whom 
^[arslial  McDuffie  was  one,  in  his  editorial  of  the 
'J  1st  of  April  ^Ir  King  says:  "The  allusion  made  by 
our  correspondent  to  the  reckless  character  of  the 
yamblinjy  fraternity  in  this  city,  so  far  from  deterring, 
t>idy  excites  us  to  renewed  efforts  to  expose  them  in 
their  true  colors.  The  chevaliers  d'lndustn'e,  with  their 
courage,  desperate  determination,  and  the  amount  of 
available  wealth  at  their  disposal,  will  find  that  they 
have  met  with  an  opponent  who  cannot  be  turned 
from  his  course  by  all  the  force  that  can  be  brought 
to  bear  in  their  behalf  We  were  this  morning  told 
that  bets  have  been  taken  that  in  thirtv  davs  both 
this  jjambler  McDuffie  and  ourself  will  have  a  restinar- 
})lace  at  the  Lone  Mountain  cemetery,  and  these  bets 
are  made  by  gamblers.  We  arc  opposed  on  principle 
to  betting,  or  we  would  take  the  offer  as  to  one  of  the 
jvarties  mentioned.  But  this  is  all  fol-de-rol.  Do  these 
gamblers  suppose  that  brute  force  can  decide  such 
questions  to  the  satisfaction  of  the  public?"  April  has 
tliirty  days.  On  the  21st  of  May,  James  King  of 
William  was  laid  in  Lone  Mountain. 

Mr  King  was,  in  my  opinion,  unjustly  severe  upon 
gamblers.  In  politics  and  morals  he  was  a  pessimist. 
He  would  have  no  man  in  office  if  he  ever  had  been 
a  gambler,  without  the  most  convincing  proofs  of  his 
repentance.  He  would  rule  every  man  out  of  society 
who  had  over  gambled,  and  publicly  brand  him  with 
infamy.  Now  a  man  need  not  necessarily  be  a  bad  man, 
a  dishonest  man,  a  licentious  man,  a  brawler,  or  even 
an  irreligious  man,  because  he  is  a  gambler.  Were  it 
so,  God  help  California!  for  every  other  man  in  it  is  a 
gambler  of  some  sort.  Bootblacks  and  millionaires, 
clergymen,  professional  men,  and  women  gamble  in 
stocks;  merchants  engage  in  gambling  speculations, 
miners  bet  their  labor  against  the  gold  supposed  to  be 
in  the  claim.  Agriculturists  by  putting  in  their  crojs 
wager  that  it  will  rain,  otherwise  they  lose  their  labor. 


ANALYSIS  OF  GAMBLIXO. 


r)3 


Of  course  I  would  not  be  understood  as  comparing' 
the  risks  of  agriculture,  mining,  and  niereliandisiiiM 
with  the  betting  of  money  against  money,  wherein 
there  is  always  injury  on  one  side  and  unjust  gain  on 
the  other,  wherein  there  is  no  gain  but  a  great  loss  to 
the  community;  but  between  dealing  in  stocks  for  an 
advance  or  decline  and  the  quicker  and  usually  fairer 
risks  of  the  gaming-table  I  see  no  diiference,  so  far  as 
the  moral  aspect  is  concerned  or  the  evil  results  i\o\\- 
ing  therefrom.     On  the  one  hand  I  find  no  fault  with 
all  this,  on  the  other  I  have  no  disposition  to  defend 
gambling  or  any  other  vice.     I  complain  only  of  the 
inconsistency  of  the  thing.     He  who  in  another  con- 
demns faro,  when  fairly  dealt,  while  he  himself  deals  in 
mining-stocks  in  the  ordinary  way,  is  either  stupid  or 
dishonest.     I  never  placed  a  dollar  on  a  gaming-table 
in  my  life.     I  never  entered  a  club-room  where  gani- 
l)ling  was  practised,  nor  any  private  gambling-room.    I 
never  associated  with  gamblers,  never  had  a  friend  wlx » 
was  a  gambler,  and  have  no  sympathy  whatever  with 
the  fraternity.    I  regard  the  gambling  princi[)le  as  om.; 
of  unmixed  evil.    And  yet  I  would  be  honest  with  the 
gamblers.     I  would  vilify  them  not  one  whit  quicker 
than  I  would  vilify  woman,  the  loveliest  handiwork 
of  the  creator,  or  than  I  would  vilify  undefiled  religion, 
the  holiest  and  most  exalted  of  sentiments.     In  an 
analysis  of  society,  I  would  mingle  the  pearls  and  the 
swine  together,  and  if  I  saw  falsity  in  the  former  and 
tr-uth  in  the  latter,  I  would  so  regard  them.     This 
wilful  blindness   in  observing  ourselves,  and  slavish 
obedience  to  all  the  mandates  of  form  and  fashion,  I 
regard  as  among  the  greatest  evils  of  the  day.     Why 
not  recognize  intelligence  in  an  oyster,  or  speed  in  a 
snail,  or  morality  in  a  gambler,  if  such  qualities  be 
there ! 

In  every  occupation  there  are  classes  and  grades. 
Tliere  is  as  much  diiference  between  an  honorable 
gambler  and  a  thimble-rigger  as  between  an  honest 
auctioneer  and  a  Peter  Funk.     There  are 


gamblers 


THE  PRINCE  OF  VILLAINS. 


\vlio  would  no  more  think  of  committing  an  unjust  or 
cruel  act  than  would  a  high-minded  clergyman  or  a 
tender-hearted  woman.  There  are  gamblers  who  are 
magnanimous  friends,  kind  husbands,  good  fathers, 
and  would  be  useful  members  of  society  did  not  society 
indiscriminately  set  her  heel  upc-a  them;  nor  would 
I  blame  society  in  this  if  she  felt  so  disposed,  if  society 
would  only  set  her  heel  on  stock-gambling  clergymen 
and  immaculate  matrons,  or  otherwise  manifest  some 
degree  of  consistency  in  lier  heel-crushings. 

And  now  let  it  be  recorded  and  so  handed  to  pos- 
terity. Honor  to  James  Kinjj  of  William  1  Let  all 
the  people  praise  him,  who  did  that  for  California's 
purification  and  fair  fame  which  no  other  did,  which 
no  other  dared  to  do.  Let  generations  upon  gen- 
erations praise  him  who  gave  his  blood  to  wash  the 
stains  from  their  inheritance.  Let  th(i  hills  and  valleys 
of  this  fair  Pacific  slope,  the  sea,  and  the  quiet  towns 
and  busy  cities  that  stand  beside  it,  praise  him  whose 
voice  purified  the  air,  whose  pen  floansed  the  sewers 
of  society,  and  whose  example  iiisj,Ired  his  fellow- 
citizens  with  courage  to  do  the  best  and  noblest, 
stimulating  them  to  that  high  endeavor  whose  fruit 
is  peace,  civility,  and  proud  prosperity.  The  useful- 
ness of  his  life  was  only  exceeded  by  the  rich  results 
of  his  death.  His  enemies,  the  enemies  of  justice, 
morality,  and  gentle  citizenship,  slew  him;  but  from 
every  drop  of  his  spilled  blood  there  shall  spring  a 
hundred  avengers,  which  shall  be  as  dragons'  teeth  in 
the  vitals  of  evil-doers,  bringing  upon  them  swift  de- 
struction ! 


CHAPTER  IV. 


THE  LOOSING  OF  LATENT  LAW. 


Jst  Oent.  An  ancient  land  in  ancient  oraclea 

Is  called  "law-tliiraty;"  all  the  struggle  there 
Wos  after  order  and  u  perfect  rule. 
Pray,  where  lie  sucii  lands  now? 

2d  Oent.  Why,  where  they  lay  of  old — 
In  human  souls. 

We  have  seen  on  one  of  the  corners  most  thronged 
of  the  busiest  street  in  San  Francisco,  before  tlie 
close  of  business  for  the  day,  one  of  the  most  respected 
and  useful  members  of  the  commonwealth  shot,  so 
that  the  sixth  day  thereafter  he  died. 

It  was  not  a  common  murder;  it  was  a  .sacrifice  to 
Satan.  The  man  was  offered  up  for  the  i)rinci[)les  he 
pronounced.  He  had  been  a  reformer.  He  was  not 
a  Messiah;  certain  persons  representative  of  a  class 
had  cheated  him,  and  he  hated  the  cheaters  and  the 
class.  He  was  a  good  man  as  the  world  goes,  and  his 
championship  was  for  the  right.  He  had  failed  as  a 
banker;  and  having  suffered  severely  from  the  sins  of 
certain  of  his  fellow-citizens,  he  flung  down  the  gaunt- 
let and  declared  a  war  of  extermination.  To  this  end 
he  forged  that  most  formidable  weapon  of  an  earnest 
and  able  freeman,  a  newspaper.  As  editor  of  a  daily 
journal  he  cut  right  and  left  into  the  ranks  of  corrup- 
tion until  the  enemy,  exasperated,  rose  and  with  pow- 
tler  and  ball  retaliated. 

The  people  were  profoundly  moved.  Whose  turn 
next?  each  asked  himself  as  he  walked  to  and  from 
his  business.  Gradually  had  arisen  among  the  indus- 
trious classes  a  feeling  of  insecurity  concerning  life 

(66) 


THE  LOOSING  OF  LATENT  LAW. 


I'll  ■•! 

3    ' 


and  property,  wliicli  now  broke  out  in  open  alarm.  To 
the  <,^overnnient  under  which  they  lived  the  people  of 
California  were  devotedly  attached.  Around  it  in  the 
minds  of  some  clustered  sentiments  warmed  to  enthu- 
siasm by  ancestral  tales,  associations  which  pjlowed 
w  ith  as  jiure  a  patriotism  as  ever  inspired  lovers  of 
liberty.  Others,  strangers,  out  of  all  the  world's  pol- 
itics had  chosen  the  social  and  political  institutions 
tlien  unfolding  in  these  Pacific  States  of  North  Amer- 
ica as  the  fittest  under  which  to  live,  and  had  cast  in 
their  lot  accordingly.  Both  Americans  and  foreign- 
ers respe(;ted  and  loved  the  laws  under  which  in  Cali- 
fornia they  found  themselves,  and  of  their  time  and 
substance  contributed  liberally  and  cheerfully  for  their 
support.  In  return  they  asked  only  to  be  protected 
irom  those  social  carnivora  whose  profession  it  was  to 
})rey  u^mju  industry.     And  this  was  their  right. 

But  such  protection  they  nowhere  found.  Their 
situation  was  most  anomalous.  Lovers  of  quiet,  law- 
al»iders,  conscientious  in  the  discharge  of  duty,  as 
free  as  under  fashion  and  their  nature  human  it  was 
}M)ssible  for  man  to  be,  and  as  strong  and  determined 
as  they  were  free,  they  yet  groaned  under  a  despotism 
(•om}»ared  with  which  feudal  serfdom  was  liberty  itself 
Their  protectors  were  their  natural  enemy, from  whom 
tliey  nmst  seek  to  be  jirotected,  and  who  had  fastened 
upon  the  virtuous  portion  of  the  community  the  fetters 
forged  by  themselves.  They  were  heavily  taxed  for 
the  benefit  and  support  of  the  very  class  for  whose 
destruction  they  paid  taxes.  The  tables  of  law  were 
turn('<l  ujton  the  law-makers  by  the  lawless;  vice  had 
scizod  the  reins  of  government,  and  wiis  driving  the 
peojile  to  destruction.  Thereu})on  arose  James  King 
of  William  and  denounced  such  doings;  and  for  this 
boldness  he  was  slain. 

The  striking  of  Casey's  ball  against  King's  breast 
was  like  the  dro|)])ing  of  a  l>owlder  into  a  lagoon.  A 
smlden  splash  followed.  Then  round  the  imnuHliate 
spot  were  the  surgings  and  foamings  accompanying 


THE  MONUMENTAL  NOTE. 


67 


the  loosinj^  of  human  passions;  a  httlc  away  were  the 
waves  of  swolHng  excitement,  unbroken  as  yet  by  th(j 
central  cbulHtions,  while  still  more  distant  the  circlini^ 
ai^itation  spread  until  the  farthest  outskirts  of  the 
country  were  reacheil,  and  every  drop  of  manly  blood 
M  ithin  its  borders  tingled  from  the  blow. 

It  was  every  honest  man  who  was  struck.  Villains 
alone  were  on  the  striker's  side.  The  good  citizen 
knew  this;  knew  it  without  being  told;  and  rushing 
instinctively  to  his  room  for  his  revolver,  he  belted  it 
on  as  he  ran  toward  the  scene  of  commotion.  Shortly 
after  the  shooting  sounded  the  JMonumental  bell, 
silent  so  long  in  the  people's  sacred  cause — sounded 
amidst  the  storm  like  a  resurrection  note;  and  had  it 
struck  of  its  own  volition  its  hearers  would  have 
scarci'ly  manifested  surprise. 

Fi-om  the  spot  of  the  shooting  to  the  station-house, 
or  old  ])olice  ])rison,  was  less  than  a  block.  Xo  sooner 
had  Casey  iired  than  his  friends  closed  round  him, 
and  hurrying  him  thence  locked  him  up.  But  this 
sort  of  thing  was  becoming  stale.  A  repetitioi\  in 
tliis  instance  of  the  old  form  of  justice  would  make 
the  very  stones  cry  out.  And  as  if,  indeed,  the  stones 
had  turned  avengers,  men  rose  as  from  the  ground; 
wliole  blocks  emptied  in  an  instant  their  contents 
upon  the  thoroughfares,  and  before  the  friendly  bolt 
was  turned  on  (.'asey,  not  more  than  three  minutes 
after  the  fatal  shot  was  Iired,  the  sti'eets  in  that 
vicinity  were  packed  with  people.  Louder  and  louder 
])ealed  the  Monumental  bell,  and  i'rom  afar  the  angry 
li«le  set  in,  pale  rage  chasing  wondeiment  from  the 
i'ace  of  each  arrival  as  with  muttered  curse  the  tale 
was  told  him. 

"Where  is  he?"  they  cried,  becoming  tisjferish. 
"Ilnng  him  I"  "Run  him  ujt  to  a  lam[)-postI"  Those 
lound  the  city  hall  rushed  for  the  police  (piarters 
with  bloody  yells  of  "Hang  him  I"  "Bring  him  outi" 
"lie  will  get  away  if  left  with  the  officers  I" 

All  the  while  the  ollicers  had  been  upon  their  guard 


58 


THE  LOOSING  OF  LATENT  I^W. 


lest  ill  the  event  now  happening  they  should  be  taken 
at  a  disadvantage.  All  doors  were  doubly  bolted  and 
the  entrances  to  the  police  quarters  strongly  barri- 
caded. 

Quick  to  discern  in  the  low  deep-toned  imprecations 
the  quality  of  the  approaching  storm,  the  officers  and 
the  friends  of  Casey  saw  removal  to  stronger  quarters 
essential  to  the  prisoner's  safety.  He  must  be  taken 
to  the  county  jail,  on  Broadway;  but  the  question 
was  how  to  get  him  there.  After  several  ineftecl"  J 
attempts  a  carriage  was  stationed  on  Washington 
street  at  the  entrance  of  Dunbar  alley,  which  lead:4 
to  the  police  prison,  and  Casey  thrust  into  it.  Marshal 
North  sustaining  him  on  one  side  and  Charles  P. 
])uane  on  the  other.  Officers  with  drawn  weapons 
lljled  the  vehicle;  Billy  Mulligan  and  other  friends 
mounted  the  outside  before  and  behind,  covering  in- 
stantly with  their  pistols  any  obstreperous  mobitc. 
Tlie  driver  applied  the  whip;  the  horses  in  a  few 
plunges  cleared  the  crowd  and  were  away  up  Kearny 
stieet  and  round  the  corner  to  the  jail,  an  infuriated 
crowd  following  some  fifty  yards  behind. 

Gathering  round  the  place,  the  throng  rapidly  in- 
creased. A  dense  mass  of  enraged  humanity  came 
streaming  thence  through  every  thoroughfare  leading 
in  that  direction.  Upon  a  bluff  that  rose  above  the 
street  on  the  opposite  side,  and  in  the  space  before 
the  jail,  stood  a  large  body  of  officers,  in  the  midst  of 
whom  rose  Marshal  North,  all  of  whom  were  active 
in  warning  the  people  not  to  approach.  "Hang  him! " 
was  again  the  ejaculation.  "Arrest  the  officers!" 
"(;ood!  that's  iti"  "Let's  take  the  jail!"  and  like 
exclamations  burst  from  every  quarter. 

At  this  moment  some  one  seemed  desirous  of  ad- 
dressing the  people,  but  so  great  was  the  confusion 
that  he  could  not  be  heard.  He  attenqjted  to  mount 
the  bluff,  but  was  beaten  back  by  the  officers.  George 
W.  Frink,  tiien  proprietor  of  the  Tehama  House — 
and  from  his  own  mouth  I  have  it — was  standing  on 


THOMAS  KING'S  ORATION. 


ae 


the  jail  step  at  the  time.  He  saw  this  man,  much 
excited,  turn  from  where  tlie  officers  had  stationed 
thenisolvcs,  cross  the  street,  and  mount  the  balcony 
of  a  two-story  building.    There  he  began  again  to  talk. 

"Who  is  that?"  cried  one. 

"That  is  Thomas  King 1"  shouted  Frink. 

"Stop,  or  I  will  arrest  you!"  exclaimed  an  officer, 
seizing  Frink  by  the  coat-collar. 

" Brother  of  James  King  of  Williani!"continuod 

Frink,  paying  no  attention  to  the  officer.  Mr  Frink 
well  knew  that  it  would  be  far  easier  for  him,  with 
the  angry  city  on  his  side,  to  take  in  custody  the  officer 
and  all  his  associates,  than  for  all  of  them  combined 
to  arrest  him. 

King  then  continued  his  harangue,  which  was  mostly 
a  recitation  of  personal  wrongs  at  the  hands  of  the  in- 
carcerated. Of  the  shooting  he  said:  "My  opinion  is 
tliat  it  is  a  cool,  premeditated,  and  cowardly  murder, 
by  the  hand  of  a  damned  Sing  Sing  convict,  and  by 
a  jilan  of  the  gamblers  of  San  Francisco.  About  an 
hour  ago  I  was  in  at  old  Natchez'  pistol-gallery,  and 
lie  told  me  that  my  brother  was  to  be  shot.  If  he 
knew  it,  did  not  the  gamblers  know  it?  and  was  it 
not  a  ])remeditated  plan?  Why  did  not  the  officers 
know  it  and  interfere?  Gentlemen,  we  have  got  to 
take  that  jail,  and  to  do  so  we  must  kill  those  officers 
unless  they  give  way  to  us,  and  we  must  hang  that 
fellow  up!" 

Cheers  followed  the  sanguinary  oration;  but  it  was 
not  in  this  wise  the  insulted  city  wouhl  lend  itself  to 
I'evenge.  An  officer  then  made  a  movement  to  arrest 
Mr  King,  but  Marshal  North  interfered,  telling  his 
men  to  mind  nothing  the  peo|>le  should  say.  Finally 
King  was  persuaded  by  his  friends  to  enter  a  carriage 
and  leave  the  ground. 

Next  a  row  of  bayonets  was  seen  rounding  tin; 
corner  of  Dupont  street,  and  the  people,  su|)posing 
them  borne  by  their  allies,  raised  a  .shout,  which  was 
(piickly  turned  to  hisses  when  they  ascertained  the 


60 


THE  LOOSING  OF  LATENT  LAW. 


soldiery  to  be  volunteers  in  citizens'  dress  come  to 
assist  the  police  in  maintaining  order. 

At  half-[)ast  six  Mayor  Van  Ness  appeared  before 
the  jail  with  uncovered  head,  requesting  to  be  heard. 
Quiet  was  given  him,  when  he  saitl:  "You  are  here 
creating  an  excitement  which  may  lead  to  occurrences 
this  night  which  will  require  years  to  wipe  out.  You 
are  now  laboring  under  great  excitement,  and  T  advise 
you  to  quietly  dis))erse.  I  assure  you  the  prisoner  is 
safe.  Let  the  law  have  its  course  and  justice  will 
ha  done."  He  was  answered  by  shouts  of  derision. 
"How  about  Richardson?"  "Where  is  the  law  in 
Cora's  case?"  "Down  with  such  justice  1"  "Let  us 
hang  him!" 

Half  an  hour  later  another  squad  of  citizen-soldiery 
appeared  upon  the  scene,  and  as  the}^  were  crowding 
their  way  to  the  centre  some  dirt  Avas  thrown  at  them, 
whereat  the  officers  on  the  bluff'  levelicd  their  weap- 
ons at  the  oifendcrs,  but  were  promptly  checked,  and 
were  told  not  to  fire  upon  the  people  without  ])ositive 
orders.  Time  and  way  were  not  yet;  it  was  not  by 
fiinijing  dirt  that  San  Francisco  was  to  be  regener- 
ated.  Besides  the  volunteers,  the  San  Francisco 
Blues  and  other  military  companies  turned  out,  and 
recruits  continued  to  arrive,  until  at  ten  o'clock  three 
hundred  men  guarded  the  jail,  armed  against  the 
citizens.  Meanwhile  groups  collected  at  tlie  spot  of 
the  assassination,  at  the  Plaza,  and  in  the  streets  in 
vai'ious  parts  of  the  city,  until  half  the  town  by  the 
friction  of  electrical  words  were  stirring  the  atmos- 
phere in  the  invocation  of  cleansing  storm. 

Between  seven  and  eiglit  o'clock  ten  thousand 
]>ersons  ha«l  collected  on  Montgomery  street,  between 
Clay  and  Washingtim.  On  the  l)alconies  of  the 
houses  lining  those  streets  were  vehement  speakers, 
cheered  by  the  people,  making  flaming  a[»peals  for 
vengeance  on  the  murdiirer  of  their  cliam})ion.  At 
length  the  question  was  j)ut  whether  they  were  ready 
to  proceed  to  action  at  once.    A  unanimous  "Ay!" 


4  I . 


INDIVIDUAL  EXPERIENCES. 


61 


;  come  to 

•ed  before 
be  heard. 
[  arc  liere 
'currcnees 
)ut.  You 
1  T  advise 
irisoner  is 
istice  Mill 

derision. 
10  law  ill 

"Let  us 

n-soldiery 

crowding 

I  at  them, 

leir  weap- 

icked,  and 

t  positive 

as  not  by 

regener- 

Francisco 

out,  and 

ck  throe 

ainst  the 

e  spot  of 

streets  in 

n  by  the 

e  atmos- 

thousand 
between 
of   the 

sjieakers, 
)eals  for 
on.  At 
re  ready 
s  "Ay!" 


;■)' 


rose  from  the  vast  assemblage.  It  wars  then  proposed 
that  all  should  disperse,  arm  themselves,  and  meet  on 
tho  Plaza  at  nine  o'clock.  At  the  time  appointed  the 
I'liiza  and  all  the  avenues  approaching  it  were 
flii(»n<''ed.  Officers  of  the  law  and  military  men  were 
groaned  at  and  hissed  whenever  they  made  tlunr  aj)- 
jieuranee.  The  authorities  seemed  determined  at  all 
liazards  to  keep  possession  of  the  prisoner;  his  escape 
fioni  their  hands  at  this  juncture  would  have  been 
(lentil  to  themselves  as  well  as  to  him.  Xo  organi- 
zation was  made  that  night  on  the  Plaza.  At  half- 
jiast  eleven  a  mounted  battalion  consisting  of  the 
('aiifornia  Guard,  First  Light  Dragoons,  and  Na- 
tional Lancers  were  drawn  up  on  Kearny  street,  and 
.liter  taking  arms  and  ammunition  proceeded  to  the 
jail  on  Broadway,  and  there  stood  guard  during  the 
night. 

Let  us  mix  with  the  people  and  individualize  our 
observations  a  little  more.  Thomas  J.  L.  Smiley,  so 
cllicient  in  the  first  Committee,  and  destined  to  yet 
more  important  trusts  in  the  second,  was  closing  his 
Imsiness  for  the  day,  when,  hearing  the  old  familiar 
signal,  he  dropped  everything  on  the  instant  and 
joined  his  fellow- citizens  on  the  Plaza. 

James  N.  Olney,  subsequently  prominent  and  most 
ctlicient  in  vigilance  militarj^  matters,  had  not  as  yet 
.ittached  himself  to  any  company  in  this  country, 
though  he  had  always  been  a  military  man,  aiul  had 
i;iis((|  a  company  at  Oakland,  New  York.  He  ha<l 
not  yet  moved  to  California  when  the  first  Conmiittee 
llouiished,  and  hence  was  unable  to  distinguish  the 
<  olor  of  the  clouds  from  experience.  Neither  had 
he  heard  anything  s[)oken,  in  so  many  words,  about 
extra-judicial  justice,  or  the  organization  of  a  body 
">r  men  to  change  tlu^  state  of  things.  And  yet  when 
the  ^[onumental  bell  struck,  directed  by  his  intui- 
tions, he  ran  for  his  revolvei-  as  naturally,  almost  as 
involuntarily,  as  one  throws  up  one's  arm  to  ward  off 
a  blow  at  one's  head.     "I  went  for  my  pistol,"  says 


62 


THE  LOOSING  OF  LATENT  LAW. 


liM 


General  Oliiey  in  his  dictation,  "and  came  down  and 
found  that  many  others  liad  done  the  same  thin^. 
There  was  a  feehng  prevalent  that  somethini^  must  be 
done,  people  hardly  knew  what.  Then  there  hegan 
to  be  gatherings  and  discussions,  and  the  talk  was 
generally  that  a  vigilance  committee  nmst  be  formed. 
I  presently  heard  that  there  was  a  room  where  thoy 
were  gathering  for  the  purjtose  of  forming  such  a 
committee.  I  went  there  and  found  quite  a  nundjer 
of  people,  and  the  matter  was  being  talked  over." 

Oliver  B.  Crary,  ship-caj)tain  and  merchant,  in  an 
interesting  narrative  given  my  reporter,  remarks: 
"Dempster  and  I  got  the  notification  too  late  to 
attend  the  first  meetinij.  The  next  morninLj  at  break- 
fast  Dempster  said,  'We  must  attend  to  that  thing 
to-day.  I  will  go  down  to  the  oflSce  and  tell  Ebeii 
Hartshorn.'     And  we  went." 

J.  D.  13.  Stillman,  after  speaking  of  the  flight  of 
Casey  from  the  police  prison  to  the  jail,  and  the  angry 
demonstrations  there  indulged  in  by  the  ])eople,  con- 
tinues: "Then  word  came  and  was  circulated  throuifh 
the  crowd  that  there  was  to  be  a  meeting  at  Mont- 
gomery block.  A  Committee  of  Safety  was  being 
organized;  and  as  the  crowd  were  not  in  condition  to 
carry  an  assault  against  the  jail,  filled  as  it  was  with 
the  sheriff's  party,  the  people  gradually  dispersed. 
At  that  time  the  Vii^ilance  Conunittee  was  manajjfed 
as  a  close  corporation;  I  joined  afterward  when  sev- 
eral thousand  were  members." 

After  introducing  Thomas  King  to  the  citizens  as- 
sembled at  the  jail,  Air  Frink,  who  had  been  called  by 
the  excitement  from  the  dinner-table,  returned  home  to 
the  Tehama  House.  "Jerome  Rice, '  who  was  living 
there  at  the  time,  says  Frink's  narrative,  "and  Pro- 
fessor Otto  Sutro  came  to  the  office  and  told  me  there 
Avas  to  be  a  meeting  at  the  Pioneer  Hall,  on  Wash- 
ington street,  near  Kearny,  opposite  the  Plaza.  I 
went  up  with  a  number  of  the  hotel  guests.  There 
we  were  requested  to  sign  our  names  for  calling  a 


DIVERS  MEETINGS. 


m 


Committoo  of  Safety.  It  was  then  about  ei<^ht 
o'clock.  Wo  were  then  instructed  to  meet  at  a  later 
hour  at  G.  B.  Post  and  Company's  warehouse,  at 
Xorth  Point.  We  went,  and  found  the  second  story 
iilled  with  people,  all  wanting  to  talk  at  once.  Among 
those  wlu)  got  a  word  in  edgewise  were  William 
Arrington,  William  T.  Coleman,  and  G.  B.  Post,  who 
was  considerably  tight.  He  insisted  on  going  right 
to  the  jail  and  taking  the  men  and  hanging  them; 
and  some  of  the  others  agreed  with  hi!n.  He  said  he 
had  arms  enough  to  batter  the  jail  down.  The  result 
was  that  the  meeting  broke  up  without  any  concert 
of  action.  On  going  outside  the  building  we  found 
two  carts,  on  each  of  which  was  loaded  a  ship's 
cannon.  I  called  Coleman's  attention  to  this,  aiul 
saitl  if  they  were  left  there  the  roughs  would  get  hold 
of  them,  and  they  had  better  be  put  into  the  store- 
house. He  agreed,  and  they  were  put  inside  for 
future  use."  Mr  Bluxome  designates  the  meeting  as 
"  more  a  mob  than  anything  else."  Mr  Watkins 
says,  "  I  was  down  there  at  the  time  of  the  meeting, 
but  came  back  and  found  that  some  of  the  mend>ers 
of  the  old  Committee  were  organizing  in  the  rooms 
over  the  Bella  Union." 

I  may  as  well  here  state,  if  indeed  such  an  avowal 
be  necessary,  that  it  is  my  sincere  desire  and  my  de- 
termined purpose  in  this  work,  as  in  all  my  writings, 
to  present  [dain  unvarnished  truth,  stripped  of  favor 
<)!•  j)rejudice.  The  best,  the  noblest,  have  their  faults. 
.My  candid  opinion  is  that  no  better  or  nobler  men 
ever  lived  in  any  age  or  country  than  those  who  con- 
ducted this  movement.  I  shall  not  go  out  of  my  way 
to  pick  flaws  in  their  character,  or  to  })arade  those 
little  defects  incident  to  human  nature.  I  wish  them 
to  stand,  as  they  deserve,  high  in  the  estimation  of  all 
good  men  throughout  all  time.  I  shall  present  them 
]»i()udly  before  the  worhl  as  nature's  ni^blemen.  ]kit 
oil  the  other  hand  I  shall  not  go  out  of  niy  way  tt) 
cover  their  faults.     I  cannot.     The  charm  of  history, 


64 


THE  LOOSING  OF  LATENT  LAW. 


'I  ::; 


m.- 


to  mo,  is  truth.  The  moment  I  suspect  myself  preju- 
diced on  any  subject,  I  take  no  further  pleasure  in  it. 
This  digression  I  feel  necessary  in  view  of  Mr  Frink's 
statement  concerning  driidving  and  its  effect  upon  the 
initial  meeting.  It  was  the  custom,  a  most  deplorable 
one,  among  all  classes  in  those  days  to  drink  at  bar- 
rooms, and  elsewhere,  when  not  absolutely  thirsty;  to 
drink  at  irregular  intervals,  and  in  no  measured  quan- 
tities,  according  to  time,  place,  and  state  of  feeling. 
This  kind  of  drinking  was  the  rule  rather  than  the 
exception,  and  indulgence  affected  in  no  wise  a  man's 
respectability.  Drunkenness  was  a  different  matter. 
But  from  moder  vion  to  excess  is  in  some  instances  an 
almost  imperceptible  step.  He  who  drinks  at  all  may 
take  too  much  at  a  time  when  he  can  least  afford  it. 
A  merchant,  no  more  than  a  monte-dealer,  may  exceed 
his  measure  of  fiery  liquid  without  being  affected  by 
it.  There  were  many  amonij  the  mendjers  of  the 
Vigilance  Committee  who  drank,  some  to  excess;  but 
they  were  by  no  means  an  intemperate  class.  Many 
did  not  drink  at  all.  Those  composing  the  Executive 
Committee  of  185G  could  scarcely  be  called  drinking 
men.  Nevertheless,  whatever  the  extent  of  the  vice, 
or  however  the  custom  may  be  regarded,  it  is  no  part 
of  my  duty  or  inclination  either  to  expose  or  cover  it. 
1  present  the  facts. 

James  D.  Farwell,  returning  from  an  absence,  found 
"the  public  feeling  very  much  excited,  and  it  did  not 
take  long  to  work  it  up  into  the  systematic  form  it 
took.  It  did  not  require  much  time,  because  our 
minds  were  made  up,  and  besides  we  had  the  example 
of  the  first  Committee.  We  found  the  time  had  come 
to  act." 

William  T.  Coleman  appeared  upon  the  Plaza  after 
a  hasty  dinner,  taken  between  six  and  seven  o'clock. 
He  found  himself  among  a  surging  mass  of  people, 
well  nigh  wild  in  their  violent  demonstrations.  As 
he  approached  a  large  group  on  Washington  street, 
Arthur  Ebbetts,    George  Ward,    and  others,   mem- 


ORGANIZATION  DEMANDED. 


«» 


Ihts  of  the  Committee  of  1851,  stepped  forward  and 

siiid: 

"  We  were  looking  for  you." 

"  For  what  ?"  asked  Coleman. 

"  To  orpfanize  tlie  Vigilance  Committee,"  they  re- 
])lic<l.  "Discussion  is  unnecessary.  This  state  of 
things  has  been  borne  long  enough.  We  can  endure 
it  lit)  longer.  We  must  organize,  protect  ourselves, 
and  save  the  country,  or  submit  to  further  disgrace 
and  ruin." 

Coleman  acquiesced  in  their  sentiments,  thanked 
lluini  for  the  offer  of  leadership,  but  declined,  saying 
JK'  would  assume  his  share  of  the  risk  and  responsi- 
hility,  but  would  serve  in  the  ranks  only.  "I  went 
i;iy  way,"  he  says  in  his  narrative,  which  is  very 
iiill  and  of  inestimable  value  to  the  annalist  of  this 
(■!)()(  h,  "comparing  notes  with  people  I  met  hero  and 
tlure,  doing  all  I  could,  endeavoring  rather  to  allay 
t xt'itement.  I  called  on  a  number  of  people;  and 
V.  lieiever  I  met  them,  I  advised  them  to  be  calm,  and 
not  tdlow  the  city  to  be  disgraced  by  any  excitement, 
or  any  ill-advised  expressions  even.  There  was  a 
great  diversity  of  opinion,  and  nothing  could  be 
gained  by  rashness;  a  great  deal  might  be  lost,  cer- 
tainly would  be.  Later,  meetings  were  held  at  differ- 
ent places,  and  all  sorts  of  propositions  put  forth. 
Different  attempts  were  made  to  organize  a  committee, 
.seemingly  without  any  good  prospect  of  success.  I 
did  not  share  the  excitement  to  the  extent  I  found 
many  of  my  friends  did;  excitement  did  not  seem  to 
!)(■  the  remedy,  nor  needful." 

These  the  actual  thoughts  and  experiences  of  the 
men  who  were  foremost  in  what  followed  at  the 
momentous  inception  of  the  scheme  of  reform  cannot 
fail  to  impress  us  with  the  necessity  of  its  formation, 
the  .s|)()ntaneity  of  its  origin,  and  the  earnestness 
and  disinterestedness  of  those  upon  whom  the  burden 
and  responsibility  were  destined  to  fall.  From  them 
and  from  what  else  has  been  written,  the  reader  may 

Pop.  Tbib.,  Vol.  II.    6  • 


ee 


THE  LOOSING  OF  LATENT  LAW. 


s-  r 


i;lr':' 


form  an  approximate  idea  of  what  every  good,  patri- 
otic, jintl  right-minded  man  then  in  San  Francisco 
did  on  this  nij^ht  of  the  14th  of  May.  That  is  to  say, 
ir'ixcn  the  hent  of  the  man's  mind  and  its  surroundings, 
his  action  may  be  easily  determined.  Casey's  pistol- 
shot  was  the  applied  match  which  should  release  the 
governing  power  latent  in  every  free  people,  and  wlu/sc 
full  volume  and  strength  the  possessors  themselvcis 
never  before  suspected. 

When  James  King,  as  the  rej^resentative  of  those 
most  eagerly  laboring  for  public  virtue,  was  shot  down 
by  a  convict  whose  vicious  career  had  made  him  a  fit 
representative  of  the  thieves  and  ballot-box  stuffors 
who  had  secured  public  station,  and  the  comnmnity 
saw  him  surrounded  and  protected  from  the  anger  of 
the  by-standers  by  sympathizing  friends  among  the 
officials,  and  hurried  to  the  jail  as  a  refuge  from 
popular  indignation,  thousands  who  had  previously 
hesitated  felt  that  the  time  for  action  had  come,  and 
leading  men  who  had  argued  against  popular  organ- 
ization realized  that  the  issue  was  then  and  theiv' 
forced  upon  them;  that  longer  delay  would  only  in- 
vite new  outrages,  if  it  did  not,  indeed,  result  in  spon- 
taneous combustion ;  and  the  passions  of  excitable  nun 
would  be  kindled  into  a  blaze  which  might  prove  un- 
controllable. The  assassination  was  generally  regarded 
as  the  result  of  a  conspiracy.  While  a  thousand 
homes  were  stricken  with  indignant  horror,  the  friends 
of  Casey  could  scarcely  restrain  their  joy. 

The  excitement  attending  the  outrage  partook  more 
of  anger  than  surprise.  It  had  been  for  some  time 
past  current  opinion  that  King's  assaults  (m  the  band 
of  conspirators,  who  had  divided  nearly  all  the  people's 
power  among  themselves,  would  eventually  prove  suc- 
cessful in  accomplishing  their  downfall.  It  must  be 
so.  The  centra]  power  of  a  comnmnity  must  be  upon 
the  side  of  right  and  morality;  otherwise  chaos  quickly 
comes.  But  it  was  none  the  less  certain  that  in  then* 
fall  they  would  drag  down  him  who  caused  it;  that 


ABHORRENCE  OF  MOliOCRACY. 


87 


maildoned  l»y  exposure  and  loss  of  power  some  one 
of  their  number  would  be  found  desperate  enough  t(» 
silence  the  voice  that  spoke  their  destruction.  It  was 
not  surprise  that  caused  men  so  suddenly  to  drop  their 
iiien'Uandisc  and  abandon  their  work-benches  for  the 
.;()ssipin*(  street;  it  was  not  solely  aftection  for  Mr 
Jvin<;,  though  his  unspotted  integrity,  warm  heart, 
and  high  aims  had  won  largely  ui)OU  their  kind  re- 
yards;  neither  was  it  alone  admiration  for  his  daring, 
his  perseverance,  or  his  power  as  a  reformer  that 
(hove  the  masses  with  close-set  lips  and  flashing  eye 
to  spontaneous  gatherings.  It  was  the  conviction 
that  the  man  they  lovecl,  their  champion,  had  been 
striiken  down  because  he  was  their  champion;  and  if 
tlity  did  not  now  proceed  to  enforce  the  law  and 
execute  justice,  they  would  deserve  the  inevitable 
consequence,  the  still  greater  insecurity  of  property, 
Hhcrty,  and  life. 

Why  was  there  not  an  attack  on  the  jail  that  night? 
Why  was  not  battle  raging  and  blood  flowing  on  the 
streets  immediately?  Mark  the  query,  for  the  cause 
is  most  significant.  It  was  an  old  issue,  and  Califor- 
nians  are  accustomed  to  act  quickly.  Almost  instinc- 
tively men  on  both  sides  seized  their  irms.  Why  did 
they  not  use  them?  The  reason  is  because  the  pec  ^o 
had  no  organization,  no  leader.  The  citizens  were 
V(>ry  angry;  but  they  were  not  so  bereft  of  their 
senses  as  to  turn  themselves  into  a  mob  and  their 
citv  into  a  slaughter-house.  There  were  men  enough 
among  them  fit  to  lead,  but  not  one  of  them  would 
lead  a  rabble.  They  must  have  authorization;  God 
and  the  people  must  be  with  them,  must  direct  and 
sanction  their  acts — then  they  would  fight.  But  not 
one  blow  would  they  strike  for  passion's  sake,  for  hate, 
or  revenge;  not  one  drop  of  blood  would  they  shed  un- 
hallowed by  authority.  Cry  your  reverence  for  forms 
"  >t'  law  to  bigots  and  simpletons ;  here  was  the  mighty 
power  of  law  before  which  these  breakers  of  formulas 
tMirbed  their  fierce  passions  and  bowed  with  a  dutiful 


.'  i! 


H 


H  THE  LOOSING  OF  LATENT  LAW. 

obedience  never  so  much  as  felt  by  mere  sticklers  for 
forms.  Here  was  the  sacred  power  of  nature,  of 
man,  of  morality,  of  right;  and  the  people,  though 
surging  upon  the  angry  waves  of  tempestuous  wrongs, 
would  not  stir  to  battle  without  the  benediction  of  the 
inherent  and  central  power. 


M 


CHAPTER  V. 


GENESIS  OF  THE  GRAND  TRIBUNAL. 


.Vnnrchy  plus  a  street-constable ;  that  also  is  anarchic  to  me,  and  other- 
wise  tlmn  quite  lovely.  Carlyli: 

Every  organized  movement  of  the  people  has  two 
distinct  phases  or  conditions,  an  internal  and  an  ox- 
tLinal.  The  visible  cause  and  effect  take  on  invisiMe 
agency,  the  invisible  being  no  less  real  and  substantial 
tlian  the  visible.  The  power  which  regulates  doos 
not  make  society,  but  is  made  by  it;  or,  more  strictly, 
formulated  social  force  is  a  product  rather  than  au 
iiLjent;  and  aggregations  of  men,  a  priori,  are  in  their 
(juality  and  character  determined  and  governed  by 
the  properties  of  the  units.  The  sun  beats  up  moist- 
ure— from  the  briny  ocean  clouds  distilling  fructi- 
fying rains,  from  stagnant  pools  miasmatic  vapors 
breeding  disease  and  death;  so  necessity,  or  progres- 
sional  force,  aftting  on  society,  from  the  fermenting 
follies  of  ignorance  and  superstition  distils  chaotic 
passion,  and  from  its  moral  ideal  cohesive  life  and  ad- 
\ancement. 

Hitherto  this,  the  grandest  of  all  popular  exhibi- 
tions, has  been  seen  only  upon  its  surface;  the  hidden 
and  secret  springs  of  its  machinery  have  been  kept 
carefully  wrapped  in  mystery.  The  world  knew  not 
the  noble  apostles  of  this  reform.  The  disease  and 
the  cure  only  were  visible;  the  medicine  with  its 
subtle  chemistry  was  known  alone  to  the  physicians. 
Day  by  day  the  public  knew  what  was  done;  but 
bow  or  by  whom,  it  did  not  know.     Into  this  latter 

(69) 


1<r 


i! 


r.n 


1. 


\'i-i 
iM 


I 


If.  '  ' 


70  G f:\ESIS  OF  THE  GRAND  TRIBUNAL. 

eatt'jTfory  falls  this,  and  the  greater  part  of  the  imme- 
diately succeeding  ehai)ters,  which  I  shall  endeavor 
faithl'ully  to  present  as  it  came  to  me  fresh  from  the 
lips  of  the  actors  themselves,  and  from  the  urchives 
of  the  association.  It  shall  be  my  aim  to  carry  side 
hy  side  in  this  narrative  both  the  inner  life  and  the 
<!utcr  expression  of  the  movement,  so  that  it  may  be 
seen  in  its  entii'ety,  so  that  it  may  bo  felt  in  its  con- 
tinuous flow  a  mighty  stream  of  popular  will,  its  bank 
of  vice -bound  superstition  burst,  coursing  its  way 
throujjh  untried  fields. 

We  have  seen  the  cause,  the  climax;  we  are  now 
following  the  remedy.  T)ie  innnediate  fear  of  the 
better-minded  was  an  outbreak  of  ungovernable  pas- 
sion on  the  part  of  the  people,  which  would  destroy 
all  tlu'  benefits  of  tlie  lesson  to  be  taught  and  carry  to 
its  absurdest  extreme  that  very  doctrine  of  retaliation 
which  it  was  their  chief  purpose  to  disavow.  Coleman 
saw  this  danger  from  the  beginnhig;  so  did  many  of 
the  others;  and  throughout  the  whole  reform  the  dif- 
ficulty was  not  in  going  forward  but  in  holding  back. 
This  will  be  more  clearly  seen  as  we  proceed. 

It  is  not  necessary  for  me  to  particularize  all  the 
numerous  projects  for  avenging  the  assassination  of 
]\Ir  King  inmiediately  after  the  occurrence.  The  sen- 
timent iA'  the  people  at  the  police  piison,  at  the  jail, 
on  the  street,  and  at  the  North  Point  meeting,  has 
alrea<ly  been  noticed.  In  several  i)laces  about  town, 
as  the  Pioneer  Club,  the  rooms  over  the  old  Bella 
Union,  a  sal(»on  fronting  Portsmouth  Square,  on 
Washington  stret't  just  above  Kearny,  <m  the  Plaza, 
at  the  office  of  Aaron  ]\I.  Burns,  and  elsewhere, 
attenn»ts  were  niade  to  organize;  but  this  was  too 
mighty  a  matter  for  cliques  or  clubs  to  handle.  The 
exigency  demanded  men,  all  the  men,  the  strongest 
and  best  of  the  town.  Following  the  narratives  of 
Frink  and  Coleman,  we  left  these  gentlemen  return- 
ing i'roni  the  meeting  at  (i.  B.  Post  and  (Company's 
warehouse,  where  nothing  definite  had  been  accom- 


m 


THE  CALL. 


71 


accom- 


plished. It  had  been  spoken  of  upon  the  street  that 
a  meeting  was  in  session  there,  as  at  Pioneer  Hall 
and  at  other  places.  So  merchants  and  others  hastened 
thither  to  learn  what  was  to  be  done,  and  finally  after 
no  little  unfruitful  discussion,  becoming  wearied,  they 
disjiersod  informally.  It  is  one  thing  for  a  rabl)lu  to 
talk  of  hanging,  or  even  to  do  it;  but  it  is  quite  a  dif- 
ferent matter  when  the  pillars  of  society  contemplate 
removing  their  support  from  underneath  the  social 
structure  and  turning  public  judges  ami  executioners. 
There  is  no  wonder  tl',(t  men  substantial  enoagh  to  bo 
pillars  at  all  should  puuse  before  kicking  down  what 
they  all  their  lives,  they  and  their  fathers  and  grand- 
lathers,  had  been  holding  up  as  worthy  and  wor- 
::;hi|)ful. 

Walking  up  Washington  street  from  Xorth  Point, 
tlic  two  citizens  continued  their  conversation  as  to 
what  should  be  done.  There  had  been  nmch  talk  of 
reviving  the  old  Vigilance  Committee;  the  rumor  was 
al)r(>ad  that  this  was  being  accomplished;  the  })eoph! 
were  prepared,  nay  exceedingly  eager,  for  such  an  an- 
nouncement. In  view  of  the  absence  of  any  apparently 
more  feasible  plan,  Frink  fell  back  upon  the  old  prop- 
osition, and  advised  calling  a  meeting  for  the  next 
morning. 

"Do  you  know  of  any  good  vacant  building  that  wc 
conld  get?"  asked  Coleman. 

■  les,"  Frink  replied;  "the  hall  on  Sacramento 
street,  near  Montgomery,  formerly  occupied  by  the 
know-nothing  association." 

"The  use  of  that  hall  might  smack  of  politics,  and 
so  prejudice  our  cause  with  many,"  remarked  Cole- 
man. "There  are  difficulties  enough  to  meet  without 
increasing  them  unnecessarily." 

"  That  objection  amounts  to  nothing,"  said  Frink. 
"PoHtical  jealousies  are  swallowed  in  a  surging  sea 
of  pure  patriotism.  Wc  can  use  that  hall  tempora- 
rily, and  then  adjourn  to  a  more  fitting  [)lace  as  soon 
as  we  can  find  one." 


72 


GENESIS  OF  THE  GRAND  TRIBUNAL. 


11 


't  i 


The  measure  was  agreed  upon.  Stopping  at  the 
Bank  Excliange,  Coleman  wrote  a  call  for  a  meeting. 

"  How  shall  I  sign  it?"  he  then  asked. 

"  Put  your  own  name  to  it,"  said  Frink,  "as  you 
arc  one  of  'the  Thirteen'  of  the  old  Committee." 

"No,"  replied  Coleman;  "let  it  be  'One  of  the 
Thirteen,'  as  we  disbanded  under  the  name  of  '  the 
Thirteen.'  To  this  Frink  assented.  The  call  then 
read  as  follows : 

"THE  VIGILANCE  COMMITTEE. 

"Tlie  members  of  the  Vigilance  Committee,  in  good  standing,  will  please 
meet  at  No.  105^  Sacramento  street,  this  day,  Thursday,  15th  instant,  at  nine 
o'clock  A.  M. 

"By  order  of  the  Committee  of  Thirteen." 

Of  this  notice  Coleman  made  two  copies  and  Frink 
three.  The  two  gentlemen  then  went  to  the  .l/ht 
office,  where  thoy  saw  Mr  MacCrellish,  the  proprie- 
tor, and  Mr  Fargo  and  Mr  Buffam,  then  on  the 
e(Htorirtl  staff.  They  found  these  gentlenr  i  niucli 
concerned  as  to  the  proper  course  for  their  jmi/iud  to 
ado|)t  under  the  present  turbulent  excitement. 

"Two  editorials  have  been  written  and  torn  up," 
saitl  MacCrellish,  "and  with  the  third  we  are  not  sulis- 
fied." 

"  Let  us  see  it,"  said  the  visitors.  It  was  produced 
and  read  to  them. 

"That  will  not  do,"  exclaimed  Coleman.  "You 
say  there  was  an  affray  on  the  street.  There  was  a 
munler  committed.     Tell  the  facts  as  they  are." 

Thence  the  two  gentlemen  proceeded  to  the  offices 
of  the  Chronicle,  the  Herald,  the  Covn'er,  and  the 
Toirn  Talk  respectively,  where  they  wen^  court(M)usly 
received,  and  insertion  of  the  notice  promised  in  every 
instance,  free  of  charge.  Thus  flew  the  hours  till  pa.st 
midnight.  One  o'clock  in  tlie  morning  found  the  two 
men  at  the  door  of  the  hall  on  Sacramento  street 
knocking  for  admittance. 

"Who's  tare?"  came  in  deep  Dutch  tones  from 
within.  "  * 


A  LEADER  REQUIRED. 


73 


"Toll  us:  is  this  hall  empty,  and  who  is  the  agent?" 
"  Tanit  if  I  know,  this  time  o'  night." 
"  Never  mind,"  said  Coleman,  turning  to  his  com- 
panion, "the  people  will  get  into  it  in  some  way  in 
ilic  morning.     Let  them  alone  for  that." 

Thus  closed  the  night  of  Wednesday,  the  14th  of 
]\Iay.  Early  next  morning,  long  before  the  appointed 
hour,  an  eager  throng  pressed  round  the  entrance  t;> 
the  place  of  meeting,  which  was  on  the  upper  iloor 
(if  a  three-story  building.  This  hall  of  the  know- 
nothings,  which  was  situated  on  the  south  side  of 
Sacramento  street,  between  Leidesdorff  and  Sansomo, 
and  in  which  only  one  meeting  was  held,  nuist  not  be 
(•<  mil mnded  with  the  permanent  quarters  of  the  Vigil- 
ance Committee,  sometimes  called  Fort  (xunnybag,;, 
situated  on  the  same  side  of  Sacramento  street,  below 
Front. 

It  was  as  Mr  Coleman  had  surmised.  The  [)eo])le 
had  come  and  h.ad  found  a  way  into  the  room;  wlnit 
was  one  sleepy  Dutchman  to  wide-awake  San  Fiuii- 
(isco?  When  Arrington,  Taylor,  Burns,  Gill('sj)ii', 
AEanrow,  and  others  destined  to  play  conspicuoi.;; 
jtarts  in  the  unrehearsed  drama  arrived,  they  found 
the  hall  crowded.  Then,  as  Mr  Dem[)ster  rciuarl;;; 
in  a  most  able  and  eloquent  narration,  prepared  for  me 
with  great  care,  a  narration  in  which  the  heart-l)eats 
of  the  movement  seem  to  pulsate  under  his  j)c'n: 
"Somewhat  reluctantly,  but  none  the  less  resolutely, 
the  men  who  were  entitled  to  lead  stepped  forward,  and 
with  administrative  enerijv,  but  witli  solemn  dcliber- 
ation  of  manner  which  betokened  their  apj)rt(iati(!ii 
of  the  weight  of  responsibility  assumed,  beg;  ;i  to 
oiLjaniz(>  the  eager  masses,  whose  fiery  enthusiasm 
urged  instant  action.  Their  demeanor  quiekly  wo;i 
the  trusting  confidence  of  those  to  whom  they  wvrc 
personallv  but  little  known,  and  all  authoritv  was 
('•)nfi<led  to  their  hands." 

As  briefly  as  ])ossiblc  -ho  preliminaries  of  organiza- 
tion were  discussed — how  it  should  be  done,  and  who 


74 


GENESIS  OF  THE  GRAND  TRIBUNAL. 


should  take  the  lead.  William  T.  Coleman,  all  thinifs 
considered,  Hoenied  to  tliem  fittest  for  chief.  He  was 
a  well  known  merchant,  and  his  name  would  com- 
mand respect  and  inspire  confidence.  Against  his 
honor  and  integrity  suspicion  had  never  breathed. 
Al)le  and  influential,  he  could  likewise  bring  to  his 
Jiid  his  former  experience  gained  in  the  Committee  of 
1851,  of  which,  as  we  have  seen,  he  was  an  ethciunt 
member. 

"  It  is  a  serious  business,"  said  Coleman,  as  the 
question  was  presented  to  him.  "It  is  no  child's  play. 
It  may  prove  very  serious.  We  may  get  tlirougli 
quickly,  safely;  we  may  so  involve  ourselves  as  never 
to  get  through." 

"  The  issue  is  not  one  of  choice  but  of  expediency," 
was  the  reply.  "Shall  we  have  vigilance  with  order, 
or  a  mob  with  anarchy?" 

"On  two  conditions  I  will  accept  the  responsibility," 
replied  Coleman;  "absolute  obedience,  absolute  se- 
crecy.' 

It  was  agreed  that  these  should  be  the  corner-stones 
of  thu  structure.  Ten  of  those  present,  of  wlioni 
Aaron  M.  Burns  was  one,  were  named  to  prt;paro  the 
form  of  an  oath  of  tealtj'  to  the  association,  wliicli 
which  would  pledge  the  taker  of  it  as  fully  and  as 
strongly  as  the  power  of  ^vords  could  bind;  which 
would  pledge  inviolate  secrecy  and  implicit,  unques- 
tioniijg  obedience  to  an  executive  committee  to  be 
appoiiited ;  whicli  would  pledge  property,  honor,  life, 
soul,  all  that  man  has  or  is  in  this  world  or  in  the 
next.  Mr  Coleman  was  the  first  to  subscribe  to  thiss 
oatl)  as  president  and  No.  1,  with  power  to  organize, 
sucb  being  tlie  expressed  sense  of  the  meeting. 

The  executive  body,  as  a  matter  of  course,  was  to 
be  rej)resentative  of  and  chosen  by  the  general  body. 
But  it  was  stipulated  by  Mr  Coleman  on  accepting 
the  j)rt;si<K'ncy  that  he  should  be  allowed  to  choose 
his  first  council,  subject  to  the  approval  of  the  whole 
Committee.     This  was  ii  most  importaiit  measure,  as 


THE  FNROIIMKNT. 


73 


bv  it  alone  could  ho  secure  such  aup|)ort  as  would  in- 
sure unity  of  purpose  and  directness  <»!'  action.  Then;- 
upon  ho  [)roceeded  immediately  to  call  lound  him  such 
men  as  he  could  rely  on  for  wisdom  and  energy.  To 
the  first  lialf-dozen  subscribers  he  administered  the 
oath  liimself.  He  then  requested  these  t<t  name  others 
iVom  wliom  he  might  select.  A  book  was  then  opened 
and  tlie  work  of  enrolment  went  on.  It  was  aijreed 
lor  greater  safety,  for  better  working  results,  that  tiie 
organization  in  all  its  severalties  and  units  should  be 
entirely  impersonal;  that  no  names  should  be  u.sed, 
but  that  each  mend)er  should  employ  the  numerals 
designating  the  order  of  admission  in  place  of  his 
iKinie,  and  that  each  should  be  known  only  by  his 
mnnber.  This  was  carried  into  operation  with  nmch 
more  completeness  in  this  association  than  in  that  of 
IH;>[,  where  it  originated  and  was  practised  to  some 
extent. 

^Ir  Burns  was  No.  7.  William  B.  Watkins'  naTuc 
was  among  the  small  numbers.  After  thus  wr-iting 
himself  liiL'h  amony  the  rebels  against  wickedness  he 
was  stationed  at  the  foot  of  the  stairs,  in  company 
with  Jerome  Bice  and  others  best  acquainted  with 
the  cluu\*u:ter  of  the  persons  and  (^lasses  applying  for 
admission,  to  pernjit  those  only  to  pass  who  were  of 
good  standing  in  the  comnmnity.  Frink's  nund)er 
was  2G.  He  was  a  little  tardy  that  morning,  having 
been  up  so  late  the  night  before.  While  speaking 
with  Mr  Bice  at  tie  door,  Mr  Dows,  then  assistant 
alderman,  came  up. 

"How  is  this,  Frink?  Is  it  sounds  What  do  you 
think  of  itf' 

"How  do  you  stand  on  the  questicm^"  .isked  Frink. 

"  I  am  with  the  Committee,"  replied  J)ows. 

"  Th(!n  join  it."  said  Frink. 

^Ir  Farwell  found  a  dense  c?'owd  upon  tlu^  stairs  as 
he  forced  his  way  in  and  wrote  tlown  his  name  op- 
jiosite  No.  17.  Isaac  Bluxome  junior  subscril)ed  his 
name  at  33,  and  became  famous  as  '33  Secretary,'  this 


76 


GENESIS  OF  THE  GRAlsD  TRIBUNAL. 


■Mi! 


:  ;  ) 


beinT  the  symbol  of  the  same  person  representing  tlic 
sar.io  dread  p(jwer  which  in  the  first  Committee  was 
known  as  'G7  Secretary.'  Mr  Smiley  was  the  twen- 
tieth to  enroll  his  name.  Dr  Cole's  number  was  252; 
and  so  on. 

The  waves  of  tumult  that  had  swelled  so  loudly 
the  night  before  had  subsided  to  a  trembling  calm. 
There  was  less  noise,  fewer  words,  and  those  low- 
spoken  and  curt;  but  there  was  none  the  less  deter- 
mination. There  was  that  in  the  atmosphere,  highly 
charged  as  it  was  with  electrical  hate,  which  warned 
any  so  disposed  that  it  was  better  not  tt)  defend  the 
act  of  Casey,  or  manifest  in  any  way  disapprobation 
of  the  proceedings  in  this  vicinity.  It  was  a  j>he- 
nomenon  of  not  frequent  occurrence  in  the  evolutions 
of  society,  to  see  a  cityful  animated  as  one  mind, 
each  wrought  up  l)y  the  same  spontaneous  idea,  each 
Hinging  liimsclf  unsolicited  into  the  general  cause,  and 
then  hunting  about  thu  streets  for  some  one  to  k-ad 
them.  The  compressed  power  of  sociiity  was  all  ready 
for  the  discharge,  but  it  lacked  direction;  force  cannot 
exist  without  control. 

Admissions  were  very  rapid.  By  eleven  o'clock  of 
that  day,  and  all  day,  and  for  several  succeeding  days, 
from  morning  till  niijfht,  there  and  at  the  rooms  to 
which  they  moved  soon  after,  a  long  line  of  eagei*  ap- 
plicants stretcliing  far  up  the  street,  and  round  the 
corner  into  the  cross-street,  stood  wp.iting  each  his 
turn  for  examination  and  enrolment.  They  were  not 
impatient,  and  they  did  not  seem  to  consider  fatigue. 
They  were  set  in  their  compressed  energy,  like  a  deli- 
cate fire-arm,  to  flic  (Hscharge  of  this  duty. 

Hetweeii  this  gatiiering  and  those  of  almost  equal 
magnitude  which  W':'re  in  the  habit  of  l)esiegi.ig  tJie 
post-ortice  u})on  tae  arrival  of  each  semi-monthly  mail 
steamer,  and  waiting  for  hours  in  the  hope  of  letters 
from  home,  there  was  a  strikin'^  contrast.  Thev  were 
the  same  men,  <ha\vn  up  in  similar  lines,  each  await- 
ing his  turn— but  for  liow  ditl»  rent  a  [)ur[»ose!     Love 


''•'^,  ffitjiltii 


SWELLING  NUMBERS. 


n 


and  tender  memories  prompted  the  one :  a  godly  hate 
the  other.  Leading  as  it  did  to  sacrifice,  along  the 
viLjUaucc  line  there  ran  neither  laughter,  jokes,  nor 
i^jllity,  such  OS  accompanied  the  anticipations  of  pleas- 
ure which  hi,  up  almost  every  countenance  at  the 
jicriodic  letter-delivery  gatherings.  Now  every  streak 
(it"  liunior  in  their  nature  was  turned  to  nerve,  and 
every  nerve  to  iron.  Stubborn  and  stolid  they  stood 
before  the  vigilance  quarters;  and  although  the  lips 
wete  connnonly  compressed,  there  was  that  solemn 
stillness  of  demeanor  which  betokens  a  sense  of  deep 
lesponsibility.  Coupled  with  resolute  determination 
to  bear  it  dutifully,  there  was  that  Hashing  from  the 
eye  which  betokened  the  flame  within,  and  which  no 
Yosomite  could  extinguish.  Tlie  occasional  remarks 
exchanged  by  acquaintances  wore  generally  uttered 
i:i  tlie  low  tones  which  men  employ  when  in  the 
vicinity  of  sorrow  or  death.  Hereafter  within  the 
ranks  of  this  organization  we  shall  see  none  of  that 
fierce  excitement,  none  of  those  outcries  lor  vengeance 
that  flame  out  in  most  associations  for  the  punishment 
of  outrage  or  the  resisting  of  sonie  infiingement  of 
rights.  Eacli  man  of  them  climbing  those  stairs  lead- 
ing to  the  hall  dropped  at  the  entrance  his  mobbish 
instincts,  and  as  his  keen  glance  encountei'cd  the  keen 
ghincos  of  tiic  examining  conunittee  self  was  sub- 
niei-gcd,  and  his  |»ui'pose  took  on  a  higher,  holier  form 
than  that  of  passionate  revenge. 

Not  more  than  twelve  of  the  Executive  Committee 
were  chosen  at  this  meeting;  and  with  tliese  the 
|iii'si(lent  proceeded  further  to  organize.  The  rooms 
had  already  Iteen  cleared  of  stragglers,  and  now  the 
geiitK'men  before  named  were  stationed  at  the  door 
with  instriK^tions  to  atlmit  all  good  citizens  who  ex- 
jiresscd  a  wish  to  join  the  (Onnnittee,  scrutinizing 
closely,  meanwhile,  tlu;  name  and  chara«'tt'r  of  all 
applicants.  Those  wlio  were  apjmn'ed  were  admitted 
to  an  ante-room,  where  the  oath  was  administered. 
Al'tei-  this  they  passed  into  another  small  room,  where 


ii, 


,1) 


II' 1] 


1 


m 

■'■'I 


iilai'-jL 


78  OFAF^SIS  OF  THE  GRAND  TRIBUNAL. 

they  signed  tliu  roll  and  took  their  number;  they  were 
then  jidnutted  to  the  hall,  where  members  were  en- 
gaged in  grave;  discussion. 

One  of  the  first  questions  raised  in  the  hall  of  the 
general  committee  was  the  action  which  sliould  be 
taken  in  regnrd  to  the  attitude  assumed  by  the  San 
Francisco  llcruld  toward  the  movement. 

In  its  issue  of  the  15th  of  May  the  Ilcmld  gives 
but  a  very  short  editorial  on  the  subject  absorbing  all 
interest.     I  reproduce  the  whole  it: 

"An  intense  cxciti^incnt  was  caused  in  this  city  last  evening  by  the  affray 
between  Mr  James  1*.  Casey  and  Mr  James  King  of  William.  Motives  of 
delicacy  needless  to  explain  force  us  to  abstain  from  commenting  on  this 
affair;  but  we  eoiilil  not  justify  ourselves  in  refraining  from  tlic  most  earnest 
condemnation  of  the  mob  spirit  last  evening.  The  edit(jr  of  this  ijajwr  sus- 
tained the  Vij,'ihiiue  Committee  in  times  jKist  to  the  peril  of  his  life  and  for- 
tune; but  at  a  time  when  justice  is  regularly  administered,  and  there  exists 
no  necessity  for  such  nn  organi/.ation,  he  cannot  lielp  condemning  any  firgnii- 
ized  infraction  of  tiie  law.  AVe  see  that  a  number  of  hi;4hly  respectidde  niei-- 
chants,  some  of  Uiem  our  warm  friends,  have  called  a  meeting  of  tiie  old 
Mgihuice  Committee  'ir  nine  o'clock  this  morning.  We  wish  to  be  under- 
stood as  most  umiualiticdiy  condemning  tiic  movement.  Mncii  as  wo  admire 
the  acts  of  the  Vijjiliuicc  Committee,  we  have  arrivc-d  at  the  conclusion  thjit 
it  can  never  be  revived  except  under  the  most  extraordinary  cireumstanees, 
and  we  declare  tiiat  the  time  has  not  yet  come.  We  retrain  from  expressing 
any  opinion  as  to  iW  all'ray  of  yestex'day.  If  Mr  Casey  be  guilty,  let  him  be 
punished.  If  lie  be  inuoocnt,  wo  will  express  our  conviction  to  tiiat  effect 
though  uU  the  world  were  against  us.     But  let  him  have  a  fair  trial." 

For  a  time  feeling  seemed  to  run  higher  against 
the  Ilcralil  than  against  Casey.  A  resolution  was 
oftered  that  every  one  present  siiould  discontinue  his 

i)atronage  of  the  Herald,  and  use  his  inlluence  with 
lis  friends  to  do  the  same.  Mr  Labatt,  then  legal  re- 
]>orter,  and  a  nuiinljer  of  the  Committee,  rose  and  said  : 
"I  object  to  this  summary  proceeding.  Mr  Nugent 
is  a  gentleman,  and  does  not  know  what  is  going  on 
here.  I  movt;  that  we  send  for  him  and  let  him  de- 
fend himself" 

Mr  Coleman,  learning  what  was  going  on,  left  his 
post,  and  entering  the  hall,  likewise  endeavored  to 
dissuade  tlunn  from  tJieir  purpose. 


THE  'HERALD.' 


79 


"  I  iini  sorry  to  tlisaj^roe  with  my  friends  so  early," 
he  remarked.  "I  see  no  good  that  ean  come  of  it. 
That  the  article  is  no  less  injudicious  on  the  part  of 
the  writer  than  distasteful  to  us,  there  can  he  no 
(louht;  yet  he  has  the  same  right  which  we  claim,  to 
liis  opinion,  and  to  the  expression  of  it  in  his  own 
wiiy,  vSiich  action  I  hold  unbecoming  us  and  our 
causes;  if  we  are  strong  enough  it  is  unnecessary;  if 
not,  that  will  not  strengthen  us."  The  menihers 
thought  difterently,  however,  and  the  resolution 
jiasst'd. 

Since  the  first  Vigilance  Committee  the  Herald  had 
grown  quite  partisan  in  politics  and  religion.     Now 
its  friends  were  in  office,  its  friends  were  in  Nica- 
ragua, its  friends   were  the  roughs,  the  contractors, 
the  schemers;  yet  had  it  .suspected  the  perdition  so 
closrly  at  its  heels,  it  would  have  sunk   its  friends 
de't|>er   than   Dante's    hell    before   adopting   such    a 
course.     A  newspaper,  though  professedly  a  leader  of 
jtulijic  opinion,  is,  it  is  almost  needless  to  say,  the 
most  servile  of  slaves.     It  leads  by  watching   nar- 
I'owly  the  direction  public  opinion  tends;   then  cii- 
( ling  to  the  front,  it  shouts,  'Come  on!'    No  journal 
of  a  general  character   ever  yet  wittiisgly  sulfercd 
iiiaityrdom  for  a  principle.     Fanatics  nuiy  shed  ink 
and  light  to  the  death  through  the  meilium  of  the 
jircss;    but  public,  connnercial,  or  business   journals 
u)'e  not  the  stuff  martvrs  arc  made  of.     Furthermore, 
it  was  but  a  slight  change  in  the  editor's  views  that 
wrought  him   all  the  evil  which  followed,     lie  had 
heartily   e'spoused    the   cause    of  the    jieople    in    the 
actions  of  the  first  Connnittee,  l)ecause,  as  he  said, 
thoie  was  no  help  for  it;  now  wlien  the  necessity  no 
longer  exists,  as  he  says,  he  opposes  it — but  others 
Thought,    and,    unfortunately    for    him,    enough    so 
thought   to   ruin   him,  that   the  necessity  did   still 
exist. 

Among  those  present  were  many  who  had  sustained 
the  Herald  from  its  beginning.     It  enjoyed  the  ex- 


80 


GENESIS  OF  TUE  GRAND  TRIBUNAL. 


Mi     ; 


elusive  patronage  of  the  auctioneers,  the  most  lucra- 
tive in  business  or  political  circles.  The  auctioneers, 
us  a  class,  in  wealth,  intelligence,  and  influence  stood 
next  to  the  importers,  and  were  much  more  numerous 
and  powerful  then  than  subsequently.  The  method  of 
conducting  business  at  that  time  was  favorable  to  auc- 
tiijnecrs.  Large  quantities  of  goods  were  thrown  into 
the  auction-houses,  both  by  shippers  from  the  east  and 
i)y  the  iniporters  of  San  Francisco.  Although  the 
jmtronage  of  the  auctioned  was  alone  sufficient  to 
!  iq)port  a  journal,  they  alone  were  not  sufficiently  in- 
iluential  to  move  public  opinion.  The  importers  were 
the  real  princes,  and  although  stigmatized  by  the 
Ih't'iild  as  mercenary  and  base  as  compared  with  the 
I  .ore  gentlemanly  and  chivalrous  profcs.sions  of  law, 
jirizo-iighting,  and  politics,  they  were  in  fact  the  most 
lionest  and  independent  clas.s.  By  no  possibility  could 
t'lieir-  motives  be  construed  as  selfish  or  sinister.  They 
<;)V(;to(l  neither  political  power  nor  the  office  of  liang- 
i;Kin,  "but,"  said  they,  "we  are  tired  of  seeing  our 
people  sliot  down  in  the  streets." 

In  the  following  notice,  which  appeared  in  several 
of  the  evening  papers  the  day  of  its  date,  and  next 
Kioiiiing  in  others,  tlic  importers  tell  the  auctioneers 
i;i  so  many  words  to  withdraw  their  patronage  from 
the  Herald,  and  the  latter  are  obliged  to  obey,  whether 
it  pleases  them  or  not: 

"San  Francisco,  May  15,  1856. 
"To  the  Auctioneers  of  the  City  of  San  Francisco: — 

"  <  iI'.\tle:mkn  :  As  tho  undersigned,  importers,  commission  merchants,  and 
jolibei's  ill  tliis  city,  will  not  be  subscribers  to  tho  San  Francisco  Jlenild  after 
this  diitt',  tlicy  respectfully  request  you  to  advertise  your  sales  in  some  other  of 
tlio  city  piii)ers. 

"  I'lint,  l'eiibo<ly,  and  Co. ;  G.  B.  Post  and  Co. ;  Rankin  and  Co.;  J.  H. 
Cogliill  and  ('o. ;  C.  A.  Gillinghum  and  Co.;  R.  E.  Brewster  and  Co.;  Good- 
win and  (Jo. ;  Turner,  Sclden,  and  Co. ;  Bragg,  IloUinson,  and  Co. ;  John  Saulnier 
and  Co. ;  A.  L.  Edwards  and  Co.;  Shaw  and  Reed;  French,  Walroth,  and  Co. ; 
O.  R.  Wade;  E.  S.  (Jross;  J.  D.  Hunt  and  Co.;  D.  L.  Ross  and  Co.;  Bond 
and  Hale;  Earl  and  Co.;  Castle  Brothers;  Arrington  and  Co.;  Sweetzer, 
Ilutchings,  and  Co.;  Moses  Ellis  and  Co.;  G.  S.  Ghwlwin  and  Co.;  R.  McKee 
and  Co. ;  Harold  Randall  and  Co. ;  Stanford  Brothers ;  William  T.  Coleman  and 


WITHDRAWAL  OF  PATRONAGE. 


81 


i  liicra- 
oneers, 
u  stoo«l 
merous 
tliod  of 
to  auc- 
kvii  into 
:ast  and 
ij^li  tho 
lent  to 
ntly  in- 
ra  wuro 
by  the 
ith  tho 
of  law, 
lie  most 
by  could 
■;  Thoy 
)f  hang- 
ing our 

several 
id  next 

ionoers 
ire  from 

hether 

L  iSoC. 

|hants,  and 
erald  after 
ne  other  of 

bo.;  J.  H. 
Co.;  Good- 
|n  Sauluier 
ami  Co. ; 
L"o.;  IJoiul 
ISweetzer, 
111.  McKee 
Icman  and 


CO 


To.;  Stevens,  Baker,  and  Co.;  Oeorgo  T.  Peterson  an<l  Co.;  Olatlwin,  Hu^'g, 
;iiiiiCi).;  Boawortli,  Masten,  and  Co. ;  A.  M.  Oilman  and  Cu.;  William  Langur- 
iiiiin  and  Co.;  and  two  hundred  and  fifteen  others." 

TIk'  «jUcstion  then  arose  what  should  be  done  with 
the  iiiM'tioneers'  advertisements.  Mr  Thomas  J.  L. 
.SiiiiKv,  member  of  the  association  of  auctioneers, 
Iniiii;'  present,  the  matter  was  referred  to  liim.  After 
(insulting  with  his  as.soeiates,  it  was  determined  to 
fiaitsfcr  them  in  a  mass  to  the  Alta,  which  was  dom-. 
T!)(!  consequence  was  that  the  Herald,  which  on 
TJiiir.><(lay  was  tho  largest  paper  in  the  town,  on  Fri- 
•  l.iy  was  the  smallest,  being  obliged  through  this 
;i(  tioii  and  the  withdrawal  of  other  patronage  to  re- 
<lii(('  its  size  one  half 

There  were  but  a  few  lines  of  it,  requiring  less  than 
li.iU'an  hour  to  write;  there  was  nothing  in  it  so  vejy 
lad,  nothing  a  powerful  and  magnanimous  association 

iil<l  not  allbrd  to  pass  unnoticed,  and  yet 'that  little 
litoiial  undid  the  uenefits  of  years  of  arduous  laboi-, 
and  changed  forever  tho  lives  of  those  most  interested 
in  it.  It  is  my  opinion  that  the  Herald,  as  edited  and 
juiMislied  up  to  this  time,  was  the  ablest  journal  this 
state  has  ever  seen  before  or  since.  Mr  Nugent,  if  I 
may  judge,  was,  up  to  the  day  of  his  undoing,  the 
<l(('j)est,  clearest,  most  logical  and  eloquent  journalistic 
writer  ever  upon  this  coast.  I  say  uj)  to  this  time; 
t'i)i'  before  this  ho  believed  in  himself,  afterward  he 
did  not.  He  boat  tho  air  bravely  to  make  himself  and 
iilhers  think  this  was  not  the  fact,  yet  all  the  while 
lie  knew  his  position  to  be  false,  his  logic  lying,  and 
liiniseif  a  most  profound  hypocrite.  No  man  writes 
with  vigor  in  opposition  to  his  ju(l<j,niont. 

Hiding  his  regrets  under  color  of  bravado  as  best 
lie  may,  in  the  living  half  of  the  severed  sheet  tho 
editor  thus  strikes  back  on  the  morning  of  the  IGth: 
"We  have  some  words  of  explanation  to  say  to  our 
leaders  this  morning  in  regard  to  the  diminished  size 
(if  the  San  Francisco  Herald.  It  appears  that  either 
the  language  or  views  in  a  paragraph  in  the  topics  of 

Pop.  Tbid.,  Vol.  II.    G 


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82 


GENESIS  OF  THE  GRAIsT)  TRIBUNAL. 


yesterday's  Herald  gave  offence  to  a  number  of  per- 
sons in  this  city,  who  immediately  signified  their  dis- 
pleasure by  withdrawing  their  advertisements  and 
subscriptions.  This  is  not  all.  A  number  of  mcr- 
cliants  whose  course  the  paper  has  offended,  by 
thwarting  their  speculations  and  otherwise,  called 
upon  the  auctioneers  and  others  doing  business  with 
the  Herald,  and  by  menace  forced  them  to  withdra\. 
their  advertisements.  This  is  not  all.  A  number  oi" 
valorous  commercial  gentlemen  on  Front  street  gath- 
ered together  a  number  of  the  Heralds  of  yesterday 
morning,  and  making  a  pile  of  them  in  the  street, 
burned  them  amid  great  rejoicings.  This  is  not  all. 
Two  hundred  and  twelve  persons  yesterdny  withdrew 
their  subscriptions  from  the  news])aper.  The  nunilxr 
of  other  and  further  evidences  of  sovereign  displea;  - 
ure  and  discontent  on  the  part  of  the  disaffected,  we 
have  not  space  to  narrate." 

Then  this,  the  wisest  and  most  eloquent  of  Cali- 
fornia's journalists,  grows  childish.  And  no  wonder; 
for  hitherto  puffed  by  prosperity,  he  now  begins  to 
feel  his  mistake,  to  feel  tie  firm  ground  which  yes- 
terday he  trod  so  proudly  giving  way  beneath  his  feet. 
He  sees  his  fatal  error  and  deplores  his  ruin — to  him- 
self only;  the  surface  is  still  as  conceitedly  serene  as 
ever.  Yet  withal  he  grows  childish  and  talks  of  free- 
dom of  speech  and  liberty  of  the  press,  as  withered 
spinsters,  too  rickety  to  do  wrong,  talk  of  the  rights 
of  woman.  How  long  will  the  stupid  public  Ix- 
deceived  by  these  meaningless  terms!  meaningless 
as  applied  by  disputants  and  wranglers.  The  [)ress 
may  coerce,  but  it  may  not  be  coerced;  it  may  bully, 
and  blackguard,  and  throw  mud,  but  once  let  the 
public  retaliate,  and  straightway  with  hands  uplifted 
in  holy  horror  it  cries,  "Ohl  oh  I  the  freedom  of  the 
press  I  the  palladium  of  our  liberties!"  Hear  him: 
"We  now  appeal  to  the  citizens  of  San  Francisco  and 
of  the  state  whether  or  not  they  are  willing  that  all 
freedom  of  speech  should  be  crushed  out  in  this  city. 


i'  ' 


THE  FREEDOM  OF  THE  PRESS. 


83 


Wc  have  exercised  the  vocation  of  newspaper  editor 
in  San  Francisco  for  the  last  six  years,  and  we  have 
never  yet  been  controlled.  At  this  late  day  we  fear 
it  would  be  useless  for  us  to  attempt  to  submit  to 
dictation.  If  the  sacred  position  of  a  public  journalist 
is  to  be  degraded  by  compulsory  subservience  to  the 
behests  of  a  cabal,  we  confess  we  have  not  stomach 
for  the  office.  The  Front-street  merchants  may  dani- 
as^c  the  business  of  the  Herald^  but  we  beg  to  assure 
tliem  they  cannot  control  the  sentiments  of  its  editor." 
A  mediaeval  king,  gushing  under  a  sense  of  his  divinity, 
could  not  ring  it  out  more  royally. 


f    ■:■(   t 


CHAPTER    VI. 


COMPLETION  OF  THE  ORGANIZATION. 


Un  gonvemement  parvenu  au  point  oil  il  ne  peut  plus  se  reformer  lui- 


meme,  que  perdrait-il  Si  Ctre  refontlu? 


I'slfhi 


Montesquieu. 


The  letter  and  spirit  of  the  compact,  voluntarily 
entered  into  by  each  individual  thus  associating,  was 
tliat  a  few  leading  men  should  undertake  the  direc- 
tion of  the  organization,  and  that  they  should  be  ini- 
})licitly  obeyed  by  all  the  other  members.  The  cause 
seemed  to  demand  of  its  votaries  absolute  surrender 
of  self;  a  relinquishment  of  individual  rights,  of  indi- 
vidual liberty,  of  freedom  of  mind  and  body,  a  fling- 
ing-in  of  multitudes  of  little  egos  to  make  one  great 
('(/o,  greater  than  St  George,  and  for  the  extermina- 
tion of  a  more  monstrous  dragon. 

Obviously  this  was  necessary.  A  perfect  body  has 
brains  and  limbs,  both  essential,  and  neither  of  whicli 
can  perform  the  functions  of  the  other.  A  headless, 
brainless  mass  of  people,  acting  under  impulse  alone, 
is  a  mob;  a  hand  that  will  not  obey  the  liead  without 
stopping  to  question  is  practically  paralytic,  and  worse 
than  useless.  This  fact  was  instantly  grasped  by  two 
thousand  citizens,  and  shortly  by  six  thousand,  who, 
to  accomplish  their  purpose,  would  command  or  serve, 
it  made  little  difference  to  them  which. 

This  body  was  composed  of  all  classes  and  condi- 
tions of  men.  Every  nationality,  every  j)olitical  and 
religious  sentiment,  every  trade,  profession,  and  occu- 
l)ation  was  represented,  the  only  qualilications  neces- 
sary for  admittance  being  honesty  and  respectability. 

(8i> 


TURX-VEREIX  HALL. 


S5 


There  wore  Catholics  and  Protestants,  Jews  and  Gen- 
tiles; believers  and  unbelievers ;  know-nothings,  dem- 
ocrats, republicans ;  merchants,  mechanics,  clerks, 
])ortcrs,  bankers,  barkeepers,  draymen,  stevedores, 
lawyers,  doctors,  butchers,  bootblacks,  hotel-keepers, 
and  ship-captains.  There  were  Americans  and  Irish- 
men; Frenchmen,  Germans,  Italians,  and  Spaniards; 
Enghshraen,  Welshmen,  Scotchmen,  and  all  the  rest 
of  the  white-skinned  races,  represented  in  this  anoma- 
lous assemblage.  Black  men  and  Chinamen,  not  yet 
])i)litically  bleached,  were  not  regarded  as  men  at  all, 
but  when  the  master  stood  comfortless  on  duty  as  a 
common  soldier  through  the  night,  we  may  be  sure 
the  servant  was  not  far  distant. 

The  streams  of  applicants  eager  for  enrolment  were 
filtered  through  a  committee  on  qualification,  by  whom 
such  examination  into  character  was  made  as  v.as 
l)racticable  amidst  the  haste  and  occupation  of  tho 
time.  Charles  P.  Duane  applied  for  membership  and 
Avas  refused.  A  certain  coroner,  of  whom  it  was 
averred  that  he  coffined  stones  and  charged  the  city 
for  burial  at  the  rate  allowed  for  deceased  paupers, 
found  his  way  by  some  means  into  the  Committee, 
Ijut  did  not  remain  there  long. 

To  the  duties  of  organizing,  of  preparing  lists,  of 
getting  books  ready,  of  receiving  suggestions  and 
iL'ports,  of  appointing  sub-committees  for  division  of 
work,  of  enrolling  military  companies,  providing  arms 
and  ammunition,  and  inaugurating  a  system  of  drill, 
through  which  discipline  enthusiasm  might  be  bridled, 
the  first  three  days  were  mainly  devoted. 

During  the  first  twenty-four  hours,  as  the  work  of 
registration  progressed,  it  was  seen  by  mid-day  that 
the  numbers  were  swelling  the  little  hall  of  the 
know-nothings  to  overflowing,  and  that  larger  quar- 
ters would  be  required  immediately,  some  fifteen 
hundred  being  already  enrolled.  A  committee  ap- 
ixjinted  for  the  purpose,  after  canvassing  the  city, 
selected  the  hall  of  the  Turn-Verein  society,  situated 


■I 


m 


\'-'i 


SO 


COMPLETION  OF  THE  ORGANIZATION, 


on  Bush  street,  near  Stockton,  as  the  place  for  the 
next  meeting.  To  this  hall,  toward  night,  the  Com- 
mittee adjourned,  to  meet  again  that  same  evening  at 
eifflit  o'clock. 

At  this  first  meeting  the  committee-men  had  worked 
very  steadily  and  rapidly.  The  work  thus  far  accom- 
plished, according  to  the  record,  was  as  follows :  The 
meeting  of  May  15th  was  called  a  "Meeting  of  the 
original  Committee  of  Vigilance,"  and  was  held  at  No. 
105^^-  Sacramento  street.  At  this  meeting  William 
T.  Coleman  was  elected  president,  and  James  M. 
Taylor,  Clancy  J.  Dempster,  and  others,  vice-presi- 
dents. There  were  also  at  the  same  time  chosen  a 
treasurer,  secretary  20^0  tern.,  a  sergeant-at-arms,  an 
executive  committee  consisting  of  twenty-six  mem- 
bers, an  examining  committee  numbering  nine,  and 
a  jiolico  f(.rce,  twenty-six  in  number,  of  which  Oscar 
Smith  wr.s  chief. 

The  frst  business  was  to  provide  a  suitable  room 
for  their  meetings,  and  a  committee  was  appointed 
i'or  that  purpose.  It  was  determined  on  this  occa- 
sion, that  the  executive  committee  should  act  on  all 
matters  for  the  general  committee  and  report  at  some 
future  meeting;  that  the  support  of  the  Committee 
should  be  withdrawn  from  the  Herald  newspaper: 
that  the  Committee  as  a  body  should  visit  the; 
county  jail  at  such  times  as  the  executive  committee 
might  direct,  and  take  thence  James  P.  Casey  and 
Charles  Cora,  give  them  a  fair  trial,  and  administer- 
!  uch  punishment  as  justice  should  demand;  that  a 
bell  should  be  obtained  for  the  use  of  the  Committee; 
that  the  executive  conmiittee  should  report  to  the 
general  committee,  after  careful  investigation,  the 
names  of  such  persons  as  the  interests  of  society  de- 
manded should  leave  the  state;  that  the  organization, 
so  long  as  occasion  required,  should  be  deemed  per- 
manent; that  the  executive  committee  should  have 
power  to  strike  from  the  roll  any  suspicious  or  ob- 
jectionable member:  that  the  j^eneral  committee  meet 


MILITARY  ORGAXIZATION. 


87 


for  the 
he  Coni- 
ening  at 

1  worked 
r  accom- 
vs:  The 
(T  of  the 
Id  at  No, 
William 
lines  ^I. 
ice-presi- 
chosen  a 
arms,  an 
;ix  niem- 
[line,  and 
ch  Oscar 

ble  room 
ippointed 
his  occa- 
ict  on  all 
t  at  some 
jmmittee 
wspapei- : 
isit    tlu' 
jmmittee 
asey  and 
minister 
that  a 
mmittet' ; 
to   tlU' 
ion,   the 
cicty  de- 
nization, 
ned  per- 
ild  have 
IS  or  ob- 
tee  meet 


M 

!>';« 


nt  their  room  at  9  o'clock  a.  m.  and  3  o'clock  p.  yi. 
each  day,  to  hear  the  reports  of  the  several  com- 
mittees, and  for  the  transaction  of  other  necessary 
business;  that  Turn-Verein  Hall  be  used  temporarily 
ibi"  meetings.  Members  of  the  Committee  unable  to 
MTve  must  be  formally  excused  from  serving  for  a 
given  time. 

A  subscription  list  was  then  opened  for  the  purpose 
f)f  collecting  money  to  defray  general  expenses,  and 
.s:34G  collected.  The  Committee  then  took  a  recess 
until  8  o'clock  P.  M.,  at  which  time  progress  thus  far 
was  reported  and  the  meeting  adjourned  to  9  o'clock 
next  day. 

There  was  much  Interesting  and  important  detail 
at  this  evening  meeting,  the  first  at  Turn-Verein  Hall, 
which  the  records  do  not  show,  but  which  the  many 
copious  narrations  before  me  amply  supply.  One 
thing  in  particular,  the  organization  of  the  military, 
illustrates  the  marvellous  dexterity  with  which  the 
ancient  ponderous  and  formal  methods  of  transacting 
})ublic  affairs  were  simplified  by  practical  connnon- 
sonse  and  business  tact. 

An  efficient  military  organization  was  a  necessity. 
The  sky  was  belligerent;  and  even  if  there  was  to  be 
no  fighting,  there  was  plenty  of  work  for  fighting  men 
to  do.  Arriving  at  the  hall  in  good  time,  the  Execu- 
tive found  door-keepers  in  attendance,  guards  posted, 
and  every  precaution  taken  to  prevent  intrusion  or 
annoyance.  Entering,  they  saw  that  the  large  room 
was  well  filled. 

After  a  short  consultation  it  was  determined  at 
once  to  organize  the  whole  association  into  centuries, 
or  military  companies  of  one  hundred  each,  ten  com- 
panies to  constitute  a  regiment.  Mounting  a  table, 
^Ir  Coleman  called  the  meeting  to  order.  After 
])riefly  explaining  what  he  was  about  to  do,  he  called 
out: 

"Numbers  1  to  100  will  please  assemble  in  the 
south-west  corner  of  the  room;  numbers  101  to  200 


I    ! 


COMPLETION  OF  THE  ORGAXIZATIOX. 


.V  5 


Mft 


will  take  the  first  window;  numbers  201  to  300  the 
next  window;"  and  so  on  until  the  members  present 
were  separated  into  fifteen  sets. 

This  was  aecomplished  about  as  rapidly  as  the  presi- 
dent spoke  the  words.  "Each  company  will  now  |)ro- 
ceed  to  elect  its  own  officers,"  was  the  next  order.  "  Que 
les  Frangais  sc  mettent  au  centre !"  the  president  next 
called;  which  practically  completed  the  work.  The 
election  of  officers  by  the  respective  companies  was  to 
be  regarded  as  temporary  only,  and  subject  to  the  ap- 
proval of  the  Executive  Committee.  The  last  order, 
calling  all  Frenchmen  present  to  the  centre  of  the 
room,  was  given  for  this  reason:  In  the  assemblage 
was  a  large  French  element,  many  of  whom  could  not 
•speak  English;  and  as  it  would  be  awkward  for  such 
to  serve  under  officers  whose  orders  they  could  not 
understand,  it  was  deemed  advisable  to  bring  them 
all  together  into  one  company,  regardless  of  numbers. 
The  French  make  good  soldiers.  Many  of  those 
presont  had  been  well  drilled  as  members  of  volunteer 
companies,  some  had  been  or  were  officers,  and  as  a 
rule  they  understood  military  tactics  better  than  any 
other  class.  The  result  proved  the  wisdom  of  the 
measure.  The  French  formed  their  own  companies, 
sent  up  their  nominations  for  officers,  and  were  among 
the  most  efficient  and  reliable  troops  of  the  Comniit- 
tee.  If  we  remember  that  these  fifteen  hundred  men, 
swelled  in  their  numbers  to  two  thousand  during  the 
evening,  when  they  rose  from  their  beds  that  morning 
were  most  of  them  strangers  to  each  other,  to  their 
officers,  to  the  association,  that  they  had  come  hither 
of  their  own  free-will,  moved  by  interest  and  instinct, 
and  that  they  were  now  organized  and  officered  cit- 
izen-soldiery, some  of  them  already  drilling  for  effi- 
cient service,  we  may  well  marvel  at  the  ready  skill 
displayed  by  the  leaders  in  this  movement. 

The  next  necessity  after  thus  improvising  an  army 
was  to  arm  it;  and  this  was  done  in  almost  as  mirac- 
ulous a  manner.     It  happened  that  several  thousand 


ARMS  AND  REVENUE. 


89 


•TTdod  flintlock  muskets,  which  had  cost  the  j^ovorn- 
lueut  fourteen  dollars  each,  and  which  had  been 
houi^'lit  for  a  trifle  by  George  Law, were  then  lyinjjf  in 
the  warehouse.  The  use  of  these  the  Conmiittoe 
hired.  Filibustering  and  aboriginal  extinguishment!^ 
were  fiishionable  in  those  days;  but  these  weajions 
wore  not  just  then  wanted.  Our  pious  revolutionary 
fathers  would  have  said  that  providence  had  provided 
these  arms;  latter-day  scientists,  that  they  were 
evolved  to  meet  the  exigencies  of  the  race  at  thi? 
stage  of  its  development.  The  vigilants  did  not  stop 
to  discuss  how  they  came  there:  that  they  were  there 
and  they  could  get  them  was  sufficient  for  them  t  > 
know.  Money  was  George  Law's  religion  and  science. 
He  could  scarcely  have  realized  a  fortune  from  thi:i 
venture,  for  when  the  Committee  disbanded,  members 
wore  permitted  to  keep  their  guns  on  payment  of  one 
dollar  and  a  quarter  each,  and  many  of  them  did  so. 
Soventy-fivo  thousand  dollars  were  contributed  t ) 
carry  out  the  measures  of  the  association.  Out  of 
this  the  sum  of  five  thousand  dollars  was  paid  for  t!ie 
use  for  seventy  days  of  these  muskets,  which  had 
arrived  a  short  time  before  on  the  Adelaide. 

Revenue  was  raised  by  the  voluntary  gifts  of  mem- 
bers and  sympathizers.  Members  were  obliged  t  > 
give  their  time  and  pay  certain  dues;  they  usually 
contributed  much  more  than  their  dues.  Three 
months'  neglect  of  business  and  four  thousand  dollars 
in  mcMicy  was  what  Aaron  M.  Burns  paid  for  the 
privilege  of  risking  property  and  life  for  the  general 
benefit.  The  expenses  of  the  Committee,  as  may  easily 
be  imagined,  were  very  large,  several  hundred  thou- 
sand dolla  's  being  collected  and  disbursed  in  all.  As  a 
rule  citizens  gave  cheerfully.  " Men  who  did  not  belong 
to  the  Conmiittee  at  all,"  says  Mr  Dows,  "wealthy 
houses,  merchants,  bankers,  and  others,  responded 
liberally  to  the  demands  made  upon  them  for  contri- 
l)utions.  When  we  came  round  to  make  collections 
they  would  inquire  how  nmch  was  their  share,  and 


t 


90 


CaMPLETION  OP  THE  ORGANIZATION. 


\vhatover  wc  said  they  would  draw  a  check  for  the 
amount.  Of  course  they  Haw  the  benefit  of  it,  and, 
tliough  they  took  no  active  part  in  the  work  of  the 
Committee,  they  gave  it  their  sympathy  and  support. 
We  had  a  large  establishment,  a  regular  hotel  to  feed 
o'.ir  people,  so  to  speak,  a  commissary  department,  and 
all  that,  and  large  expenses  for  military  purposes,  dc- 
fcnce,  and  various  other  things.  A  great  many  who 
did  not  care  to  join  as  members  lent  their  influence; 
in  case  of  emergency  they  were  ready  to  give  their 
assistance."  By  the  8th  of  October  the  association 
was  out  of  debt. 

There  was  no  more  disagreeable  task  than  that  of 
raising  by  subscription,  after  the  work  was  done  and 
enthusiasm  had  cooled,  the  money  to  liquidate  the 
iinal  indebtedness  of  the  association,  which  amounted 
to  about  ninety  thousand  dollars.  Of  necessity  the 
best  men,  the  most  patient,  devoted,  self-sacrificing 
men,  must  undertake  the  deliverance  of  the  association 
from  this  burden,  or  it  never  would  be  done.  Dempster, 
J3ows,  and  Crary  were  appointed  a  finance  commit- 
tee, and  set  themselves  at  work  to  collect  the  money. 
Many  responded  with  alacrity,  and  wrote  their  names 
opposite  large  sums.  Others  were  more  backward, 
and  among  them  Horace  Hawes,  who  was  more  free 
vvith  his  sympathy  than  with  his  money.  Hearing  that 
the  canvassers  were  after  him,  the  astute  Horace  ker>t 
out  of  their  way.  Always  on  the  alert,  the  gentlemen 
of  the  finance  committee  suddenly  encountered  him 
one  day  as  they  were  down  among  the  lumber  men. 

"Ah,  Mr  Hawes  I"  began  Dows;  "glad  to  see  you  I 
Have  been  to  your  office  several  times,  but  had  not 
the  pleasure  of  meeting  you  there.  Captain  Crary 
holds  in  his  hand  a  little  book  in  which  he  earnestly 
desires  to  see  your  autograph." 

"  Not  a  dollar  will  I  give  to  that!"  exclaimed  Hawes 
as  Crary  placed  the  subscription  book  before  him. 

"O  yes  you  will,"  said  Dows. 

"Not  a  damned  dollar!"  replied  Hawes. 


THE  ARMY  OFFICERED. 


01 


for  the 
it,  and, 
:  of  tlio 
support, 
to  feed 
out,  and 
)sos,  dc- 
iny  who 
ifluenco ; 
^e  their 
loeiation 

.  that  of 
one  and 
late  the 
nounted 
isity  the 
icrificing 
jociatiou 
Dmpster, 
eommit- 
money. 
r  names 
,ckward, 
ore  free 
•'m<X  that 


"Tut,  tut!"  exclaimed  Dows;  "don't  swear  about 
it.  I  knew  I  was  a  damned  fool,  but  I  did  not  think 
I  was  a  damned  liar  until  now.  Let  me  tell  you  what 
T  said  to  these  gentlemen  but  a  moment  ago:  'Out  in 
Sin  ^[ateo  County,  where  Hawes  and  I  have  estates, 
tlioy  say  that  he  is  the  meanest  man  in  all  those  parts, 
hut  I  have  always  defended  him.'  Am  I  then  a  fool 
or  a  liar?" 

Horace  fumed  and  swore  fearfully.  He  cursed 
Bows,  Dempster,  and  the  Committee;  but  he  finally 
wrote  his  name  down  for  five  hundred  dollars. 

The  Frenchmen  of  San  Francisco  as  a  body  were 
in  strong  sympathy  with  the  movement,  and  gave  it 
their  hearty  support,  both  in  time  and  money. 

Behold,  then,  the  citizens  of  San  Francisco  organ- 
ized and  armed,  and  in  hostile  attitude  to  the  organized 
and  armed  authorities,  which  then  consisted  of  tlie 
military,  the  militia,  and  the  police.  This,  together 
with  the  formation  of  numerous  committees,  the  ])lan- 
ning  of  the  campaign,  and  the  construction  of  all  the 
[)iineipal  machinery  essential  to  the  successful  working 
of  the  largest,  most  powerful,  and  efficient  popular 
tribunal  known  in  history.     And  all  in  one  day! 


Thoro  w 


us  tXiH 


o  much  other  work  effected.     It  was 


determined  that  notice  should  be  given  certain  persons 
of  evil  repute  to  leave  the  city  forthwith,  or  they 
would  be  forced  hence.  The  question  of  wresting 
Casey  from  the  hands  of  the  authorities  and  trying  him 
before  a  jury  of  the  Committee  was  fully  discussed, 
but  no  definite  action  was  then  decided  upon.  The 
meeting  adjourned  at  half-past  eleven.  Thus,  behind 
the  scenes,  closed  Thursday,  the  15th  of  May,  the  day 
Ibllowing  the  one  on  which  James  King  of  William 
was  assassinated. 

Friday  morning  at  an  early  hour  the  Executive 
assembled  at  Turn-Verein  Hall  and  the  distribution 
of  labor  continued.  With  an  army  a  military  com- 
mander was  required ;  and  to  this  important  position. 


99 


COMPLETION  OF  THE  ORflANIZATIOX. 


^n- 


after  duo  consideration,  Charles  Doane  was  appointed 
as  marshal  and  <^cneral-in-chief',  to  receive  his  orders 
from  the  i)resident.  Doane  proved  a  good  and  true 
officer,  and  gave  almost  universal  satisfaction  through- 
out the  entire  campaign.  He  was  a  man  of  almost 
intuitive  military  perceptions,  as  we  shall  see  by  lii.> 
achievcjments.  Colonel  Johns,  an  experienced  .'atil- 
lery  exticer,  was  detailed  to  organize  the  artillery  under 
Doane,  which  he  successfully  accomplished.  Colonels 
Ellis,  Lippitt,  and  Olney  and  others  either  then  or 
soon  after  were  assigned  commands.  Drilling]:  wa;5 
kept  up  vigorously.  The  preparati<Mi  of  camp  cfjui- 
page,  and  all  the  paraphernalia  of  a  military  campaign, 
commanded  early  attention.  In  all  these  arrange- 
ments, such  was  the  intelligence  and  enthusiasm  of 
the  members  that  soldiers  were  made  of  men  who 
three  days  before  hardly  knew  how  to  hold  a  gun. 

The  division  of  labor  completed,  the  result  was  two 
main  departments,  comprising  the  working  force  of 
the  Committee;  that  is  to  say  the  entire  association, 
as  it  was  all  working  force,  all  the  formulated  power 
of  latent  \a\y.  First  and  supreme  was  tha  executive 
committee,  or  extra-judicial  court,  which  thought 
and  determined,  and  which  was  divided  into  numcou:; 
sub-committees;  and  secondly  the  general  commi  ^ee, 
or  body  of  performance.  As  war  was  then  the  theme, 
the  Executive  resolved  itself  into  a  council,  and  the 
general  committee  into  an  army.  Under  this  mili- 
tary organization  the  general  committee  comprised 
four  departments:  the  department  of  the  grand  mar- 
shal, the  commissary  department,  the  medical  depart- 
ment, connected  with  which  was  a  hospital,  and  the 
police  department.  When  the  numbers  had  reached 
four  thousand,  or  forty  companies,  of  these  were  two 
cavalry,  three  flying  artillery,  one  marine  battery,  one 
pistol  company,  and  the  rest  infantry.  The  police 
companies  were  in  addition  to  these  last  divisions. 

The  police  force  of  the  Committee  was  organized 
with  a  chief  director  and  regular  policemen.     When 


i!;;;;J.  :;Ti: 


THE  R.\NK  AND  FILE. 


i) 


(onijilctc  it  nuniberod  two  or  three  hundred  men,  sonio 
( )!'  w  honi  were  under  pay.  In  their  pernument  ([uurters 
oil  Sacramento  street  a  part  of  the  buildin<^  was  set 
trtVom  the  mihtary  department.  The  pohce  had  ac- 
cess to  all  parts  of  the  building,  which  ])rivilege  nieni- 
hris  of  the  military  had  not.  Mr  Watkins  was  mado 
(•.qitain  of  police,  and  was  assisted  by  Oscar  Smith, 
and  others,  at  first.  "The  force  was  not  very  large," 
says  ^Ir  Watkins,  "probably  not  more  than  ten  or 
liltLcn  men,  but  we  could  at  any  time  call  any  number 
of  men  to  our  aid  in  an  emergency." 

Many  of  the  regular  city  police  resigned  and  joined 
the  vigilant  police.  The  city  was  patrolled  night  am' 
<lay  by  foot  and  horse,  and  was  never  so  wx'll  watcheil 
hi't'ore  or  since.  All  the  military  companies  except 
the  Marion  RiHcs  and  the  San  Fr;  ncisco  Blues,  com- 
jiosed  chiefly  of  sporting  men,  abaudoned  their  organ- 
i;:ations  and  joined  the  Cni'omittce,  prefixing  the  w^ord 
'Independent'  to  their  old  name,  such  as  Independent 
City  Guard  and  Independent  National  Guard,  thus 
l:rc])ing  together  the  old  association. 

Throughout  the  whole  period  drilling  was  kept  up 
vigorously,  and  at  one  time  the  military  force  num- 
l)t  red  fifty-five  hundred  fighting  men.  None  of  the 
militarv,  officers  or  men,  received  any  pay.  Those  of 
the  police  who  received  pay  were  for  tlio  most  part 
})()or  men,  devoting  their  entire  time  to  the  work,  and 
their  pay  was  about  the  same  as  that  of  the  regular 
city  police.  There  was  no  military  costume  stipulated ; 
l)iit  it  was  understood  that  each,  as  far  as  possiljle, 
was  to  dress  in  dark  colors,  not  necessarily  black,  and 
was  to  wear  a  frock-coat  and  cap.  Some  companies 
wore  belts,  some  carried  cartridge-boxes ;  each  company 
J'oiLnved  its  own  inclination  in  this  regard;  each  com- 
])iny  had  its  own  drill-room,  where  its  members  worked 
night  and  day  to  accustom  themselves  to  the  use  of 
i.rnis,  and  to  acquire  skill  in  military  movements. 
They  were  in  deep  and  solemn  earnest,  and  they 
lc;ii-nod  rapidly.     Far   different  was  their  pertionnel 


H 


co:mpletion  of  the  orgaxizatiox. 


■yiii--  ■;; 


from  that  ordinarily  found  in  military  companies.  It 
was  no  hireling"  soldiery. 

Although  the  ranks  were  composed  of  men  bearing 
brains  accustomed  to  work  and  to  question,  no  argu- 
ments or  discussions  were  allowed  in  regard  to  any 
order.  The  penalty  of  disobedience  in  this  or  any 
other  respect  was  prompt  expulsion  from  the  associa- 
tion. Every  commander  took  great  pride  in  his  com- 
pany. Some  time  after  the  organization  was  effected 
Colonel  Olney  was  accustomed  to  gather  the  vigilant 
forces  in  regiments  and  battalions,  and  hold  evening 
drills  at  the  corner  of  Battery  and  Market  streets, 
opposite  where  then  stood  the  Oriental  Hotel.  There 
were  four  regiments  of  infantry,  of  which  Colonel 
Lippitt  commanded  one,  and  Pinto  another;  a  bat- 
talion and  two  squadrons  of  artillery,  a  riile  battalion, 
and  a  pistol  battalion,  all  well  organized,  officered, 
and  drilled.  So  excellent  became  their  condition 
that  in  their  final  parade  they  could  not  be  distin- 
guished from  regulars. 

Dr  Cole  was  surgeon  of  vigilant  company  No.  3.  Be- 
sides serving  professionally  he  was  a  good  counsellor 
and  an  efficient  member.  When  the  organization  was 
completed  it  was  ascertained  that  there  were  some  fifty 
physicians  enrolled  in  the  Committee.  An  attempt  was 
made  to  organize  a  medical  corps  and  establish  a  pro- 
fessional hospital,  but  the  idea  was  nipped  by  the  usual 
professional  bickerings.  Here  we  see  how  men  aro 
sometimes  made  mean  and  selfish  by  the  very  cultiva- 
tion which  should  ennoble  them;  how  training  in  some 
directions  narrows  and  stultifies  the  mind  it  shouM 
make  more  charitable.  The  failure  of  harmonious  as- 
sociation on  the  part  of  the  medical  fraternity,  how- 
ever, did  not  ]>rovent  the  establishing  of  a  hospital 
within  the  building.  A  large  hall  was  set  aside  for 
that  purpose,  with  all  the  appliances  of  a  hospital, 
devoted  to  the  innnediate  care  of  injuries. 

A  majority  of  the  executive  connnittee  could  find 
a  verdict,  but  all  decisions  and  sentences  involving 


FIXE  POINTS. 


95 


(loath  or  banishment  were  ineffectual  until  sustained 
1)V  tlio  board  of  delegates.  If  this  body  confirmed 
tlio  action  of  the  Executive,  such  confirmation  made 
such  action  final;  if  not,  the  question  went  back  to 
the  Executive.  The  board  of  delegates  was  appointed 
liy  the  general  committee,  and  was  to  the  executive 
conunittoe  what  the  lower  legislative  house  is  to  the 
]iiL>hcr,  but  without  the  power  of  legislation.  It  was 
composed  of  three  from  each  company,  the  captain 
biiiig  one,  and  the  other  two  members  chosen  by  the 
company.  At  one  time  this  body  comprised  one  hun- 
di'od  and  eight  members.  It  was  intended,  moreover, 
that  the  board  of  delegates  would  act  as  an  advisory 
hody  in  cases  where  the  executive  committee  did  not 
Avish  to  assume  the  entire  responsibility.  Difficult 
and  serious  questions  might  be  brought  before  them, 
ulien  it  would  be  impracticable  to  apply  to  the  main 
body  for  general  counsel. 

The  leaders,  even  during  the  most  intense  excite- 
ment which  at  times  pervaded  every  breast,  were  cool 
t'liough  to  reason  that  their  organization,  to  be  cftect- 
i\  c,  must  be  wielded  with  that  singleness  of  purpose, 
promptness  of  action,  and  steadiness  of  eye  upon  results 
which  characterize  the  successful  handlino;  of  abso- 
lute  power;  while  to  be  permanent  and  continue  sub- 
missive, the  masses  must  at  least  appear  to  exercise 
some  direct  influence  in  the  management,  and  feel  in 
some  degree  the  burden  of  responsibility.  To  sub- 
serve these  and  other  ends,  the  whole  body,  with  the 
exception  of  the  members  needed  to  act  as  a  police 
i'orco  and  perform  minor  duties,  were  organized,  as  we 
have  seen,  into  an  army  divided  into  companies,  bat- 
talions, and  regiments. 

Thus  with  profound  sagacity  we  see  these  organ- 
izers inviting  the  masses  to  select  by  fiopular  vote 
representatives  to  this  board,  which  would  form  a 
medium  of  communication  between  the  despotic 
]  tower  conferred  upon  the  Executive  and  the  prompt 
obedience  promised  by  the  members  of  th«>  general 


96 


COMPLETION  OF  THE  ORGANIZATION. 


ii^: 


i 


■;;j:i'  ,5'  ■ 


I    I 'S 


in  ■  '!■' 


m  ^^ 


body.  Power  to  initiate  measures  was  not  bestowed 
on  them ;  but  the  Executive,  solemnly  impressed  with 
the  weight  of  responsibility  which  they  had  assumed, 
and  determined  that  their  errors  should  be  on  the  side 
of  mercy  rather  than  the  reverst,  decreed  that  neither 
the  death  penalty  nor  sentence  of  banishment  should 
be  enforced  upon  any  criminal  until  after  the  evidence 
in  the  case  had  been  submitted  to  the  board  of  dele- 
gates, and  the  verdict  of  the  Executive  confirmed  by 
the  vote  of  that  body. 

Next  to  General  Doane  in  the  military  came  Gen- 
eral Olney.  The  chief  of  police  received  his  orders 
direct  from  the  executive  committee.  A  civilians' 
committee,  of  which  Aaron  M.  Burns  was  chairman, 
v.as  appointed  by  the  executive  committee.  It  was 
the  duty  of  this  committee  to  take  charge  of  all 
])risoncrs  and  the  duties  connected  with  them.  None 
l)ut  members  of  this  committee  were  permitted  to 
cuter  the  cell  of  a  prisoner;  not  even  a  member  of 
the  executive  committee  might  do  so  without  special 
action  of  that  body. 

The  prominent  recorded  acts  of  this  same  Friday 
v>erc  as  follows:  Jerome  Rice  was  elected  sergeant- 
at-arms,  with  a  salary  of  one  hundred  and  fifty  dollars 
ii  month.  He  was  instructed  to  provide  liimself  with 
aids,  who  were  to  receive  no  compensation.  The  con- 
stitution of  the  Committee  of  1851  was  unanimously 
adopted,  subject  to  revision  by  the  executive  com- 
mittee at  their  leisure.  Committees  on  communica- 
tions, on  arms,  on  police,  and  on  qualification  were 
then  appointed. 

A  communication  was  received  from  the  office  of 
the  A/ta  California  newspaper,  that  Ira  Cole  and  Bill 
Lewis  had  notified  that  journal  that  unless  the  author 
of  a  certain  communication  was  given  them  they 
would  attack  the  office  with  a  strong  force.  The  mat- 
ter was  referred  to  the  police  committee,  with  power 
to  act. 

It  was  further  rcfjiolved  that  no  city  or  county  offi- 


FORT  GUNNYBAGS. 


07 


cial  should  be  admitted  to  membership ;  that  a  copy 
of  the  constitution  should  be  given  the  citizens  of 
Oakland,  in  accordance  with  their  request,  that  they 
might  form  a  committee  of  vigilance  to  cooperate 
with  the  San  Francisco  Committee.  A  communica- 
tion was  addressed  to  David  Scannell,  sheriff  of  the 
county  of  San  Francisco,  to  the  effect  that  he  would 
be  held  accountable  for  the  custody  of  the  prisoners 
then  in  the  county  jail.  Isaac  Bluxome  junior  was 
then  unanimously  elected  a  member  of  the  Executive 
Committee,  and  the  record  of  the  meeting  was  closed 
hy  the  signature  of  "  No.  33,  Secretary." 

Early  on  the  morning  of  Saturday,  May  I7th,  the 
Committee  rooms  were  besieged  by  a  dense  throng, 
more  eager,  if  possible,  to  enroll  than  had  been  those 
of  the  day  previous.  Five  thousand  citizens  had 
already  joined,  and  as  many  more  would  ere  this 
have  been  added  to  the  ranks  of  the  Committee  could 
they  have  been  received  so  fast. 

^Meanwhile  the  old  appraiser's  store,  the  property 
of  Messrs  Truett  and  Truett,  situated  on  the  soutii 
side  of  Sacramento  street,  between  Front  and  Davis, 
old  number  41,  had  been  secured  by  the  committee  on 
rooms  as  permanent  quarters,  and  there  the  association 
remained  until  its  final  disbandment,  adjoining  rooms 
being  added  as  occasion  required.  Thither  on  this 
Saturday  the  Committee  moved  en  masse;  but  this 
in  no  wise  interfered  with  the  work  of  organization. 
The  Executive  were  in  occupation  of  their  new- 
quarters  at  an  early  hour,  and  were  in  session  pretty 
much  all  the  time. 

Fort  Gunnybags,  under  which  cognomen  these 
rooms  became  famous,  when  fully  in  order  presented 
a  unique  picture.  The  principal  entrance  was  from 
Sacramento  street,  but  there  was  a  private  passage 
from  Front  street  through  the  store  of  Atto  and 
Jones.  At  the  entrance  was  a  door-keeper's  box,  8, 
where  the  password  was  taken,  and  stairs  on  either 
side  led  up  to  the  floor  above.     The  first  floor  was 


Pop.  Trib.,  Vol.  II.    7 


6:r;!«i 


!»S 


COMPLETIOX  OF  Till':  OU(iANIZATIOX. 


'    W 


till 


i  1. . 


1 1. 


plans'  01"  HEADQUARTERS. 


I 


the  aiiiioiy  and  drill-room — sec  plan — round  the  side.s 
of  which  hung  arms,  flags,  artillery  harness,  and  the 
Idillotin-boards,  on  which  were  posted  general  orders 
alii  I  the  notices  of  the  various  companies.  On  the 
iKUtli  side  was  a  sutler's  stand,  G,  Avhere  coffee  was 
Uisj)cnsed  to  the  guard,  and  on  the  south  side  offices 
WL'iei  partitioned  off*  for  the  commissary,  3,  and  other 
clepartmcnts.  As  if  to  impress  the  beholder  with  the 
eternity  of  watchfulness  which  the  vigilance  principle 
(leiiianticd,  an  immense  emblematic  eye  glared  from 
the  south-cast  corner  of  the  room,  and  attracted  tlie 
attention  of  each  member  as  he  entered. 

Ik'tween  the  stone-front  building,  A  and  B,  and  the 
three-story  brick,  C,  there  was  an  alley  with  a  stair- 
way leading  to  the  upper  stories  of  the  latter  build- 
ing: and  a  stair  also  led  from  room  C,  to  the  second 
story.  The  yard  was  used  for  horses  and  artillery,  and 
sheds  were  erected  along  its  eastern  and  souther)  i 
sides.  An  alley  and  gate-way,  17,  led  to  Davis  street 
(111  the  south-east  corner  of  the  court. 

Tlic  front  part  of  the  second  floor,  13,  was  used  as 
a  guard-room  and  armory,  ami  for  drilling.  Mere 
each  company,  except  such  as  occupied  armories  of 
their  own,  iuul  a  special  place  assigned  its  arms,  and 
thcif  they  were  kept  when  not  in  use.  Banners  and 
1  mister -rolls  adorned  the  walls,  and  here  also  from 
one  side  of  the  room  a  large  vigilant  eye,  over  the 
\vi lids  Ximquam  Donnio,  forever  encircled  you.  Upon 
a  table  stood  the  famous  patent  ballot-box,  with  its 
liil-c  bottom  and  sides  partially  drawn.  Five  thou- 
sand dollars  was  offered  the  Committee  lor  this  box; 
hilt  they  had  better  use  for  it  i..en.  This  cunningly 
contrived  specimen  of  rascality  gave  them  at  least  a 
thousand  good  fighting  men 

'I'he  executiv(^  conniuttee  rooms  were  at  first  h)- 
cated  in  the  south-east  corner  of  this  floor,  with  the 
military  in  the  room  immediately  under  them.  The 
i'reiich  Legion  ordereil  arms  with  such  energy,  rat- 
thng  thtir  hjose  flintlocks,  as  to  cause  now  and  then 


m 


W0' 


M'    ■!:: 


100 


r,r.ccx^ 


COMPLETION  OF  THE  ORGANIZATION. 


r"' 


Oof.    E3(^• 

'•■.:!^"''!^ 

,  I'VsOO 

(  1      '^  IN  >, 


BUII.DI.NGS. 
Stone  <  yt  Barton  &  Co. 
Front  ■(  S  Amies  &  Ualliner 

ii-„/„M      White*  Co. 
Story  j  ^  Carmen  Salt  Co. 
Comer  /:'  lose  Ulasco 
Cohen. 

/•"  Irvine*  Harker. 

O  Diclz  &  Co. 

//  Jones  &  Co. 

X.  Drill-Rconi. 

a.  Armory  antl  Drill-Room 

3.  Commissary's  Oftice. 

4.  Office. 

§.  Stairs. 
.  Sutler's  Staiuli 
Stairs. 

Doorkeeper's  Box. 
Main  Hntrance. 
Present  Stairs. 
Stairs. 
Stairs. 

Passage-way. 
Artillery. 

16.  Sheds  for  Horses. 
Alley  aixl  Gate  leading' 

to  Davis  Street. 
Former  Stairs  leading  to 
lin.  Com.  Rooms. 


I& 


■?'i! 


ma  i 


PLAN  OF  HEADQUARTERS. 


101 


I,DINGS. 
.iarton  &  Co. 
.niies  &  Ualliner 
IV.  W.  Hancy. 
IVhite  *  Co. 

.arinen  Salt  Co 

lose  Ittasco 
Jcjlien. 
|ninc*  Harker. 

lictz  &  Co. 

[ones  &  Co. 

:oiii, 
anil  nrill-Room 
Bsary's  Office. 


Is  for  Horses. 
IkI  Gate  leading 
Vis  Street. 
|it.\irsleaillni;lo 
.  Koulns. 


'■■| 


1.  Police  Offlcej  later 

Maloney's  Cell. 

2.  Yankee  SulUvan's 

Cell. 

3.  Brace's  Cell. 

4.  5.  Cells. 

«.  Hetherlngton's  Cell. 
7.  Cell. 

H.  Judge  Terry's  CelL 
9.  Stairs. 

10.  PaHsase  through 

brlolc  wall. 

11.  Executive   Cntnmit- 

tce's  first  Boom. 

12.  Orand  Marshal's 

Room. 

13.  Sergeantat-arms' 

Lodge. 

14.  Stairs. 

15.  Planks  across  pas- 

sage. 

16.  Passage. 

17.  Stnlra. 

IH.  Initiating  Room. 
1!).  Police  OIHce. 

20.  Executive  Commit- 

21.  Enrolling  Clerk. 

2i.  Stairs  used   by  Ex. 

Com.  only. 
2.3.  Stairs, 

24.  Window  where  Cora 

was  hanged . 

25.  Window  where  Ca- 

gey was  hanged. 


J 


£2> 


23 


Fir^'Sat  ^tiip®©tl; 


r,--;' 


102 


COMPLKTIOX  OV  TIIK  OllGANIZATlON. 


^'r 


^^'i'i4 


a  discharge,  which  sent  stray  bullets  up  into  the  room 
above.  One  night  an  ascending  ball  entered  Mr 
Dows'  chair,  whereupon  the  Committee  concluded  t( » 
remove  to  room  F,  on  the  Front-street  side. 

The  grand  marshal's  room,  12,  was  also  on  tlm 
south  side  of  the  floor.  A  passage,  10,  had  been 
broken  through  the  brick  wall  into  A,  where  the 
])olice  were  quartered  and  cells  had  been  constructed 
tor  prisoners.  A  large  cell,  1,  in  the  north-west  cor- 
ner was  first  used  as  the  office  of  the  director  of 
police,  but  subsequently  served  as  a  place  of  confine- 
ment for  Mr  Maloney.    In  one  of  the  adjoining  cells, 

2,  Yankee  Sullivan  committed  suicide,  and  in  another, 

3,  Brace  was  confined  until  his  execut'on.  South  of 
the  opening  in  the  wall  were  a  few  more  small  cells, 
in  one  of  which,  6,  Hetherington  was  kept.  A  larger 
apartment,  8,  in  the  south-east  corner,  with  an  en- 
trance from  the  north,  was  used  as  Judge  Terry's 
place  of  confinement. 

About  the  centre  of  the  west  wall  of  this  floor  a 
[)latform,  15,  was  erected  across  the  passageway  to 
tlic  rooms  of  the  executive  committee,  20.  Sim- 
plicity marked  this  inner  sanctuary.  There  M'ere  se^•- 
eral  long  plain  tables,  round  w^hich  the  members  sat 
during  consultations  and  trials  of  prisoners.  These 
and  some  cases  filled  with  papers  were  all  that  could 
be  seen.  The  president's  seat  was  at  the  north  wall, 
in  front  of  a  rack  filled  with  muskets.  Before  him  the 
secretaries,  prosecuting  attorney,  and  vice-presidents 
were  conveniently  seated,  while  on  either  side  of  the 
room,  and  converging  to  a  point  opposite  the  president, 
were  placed  two  long  tables,  at  which  sat  the  mem- 
bers, and  between  which  was  placed  the  prisoner. 

On  this  floor  were  also  the  quarters  of  the  grand 
marshal,  the  major-general,  brigadier-general,  quarter- 
master, and  sergeant-at-arms.  The  stairs  from  the 
Sacramento-street  end  of  the  passage  to  the  second 
floor  of  this  three-story  brick  building,  C,  led  to  initi- 
ating rooms,  18,  in  the  rear.     The  front  part  of  this 


Till-;  BREASTWORK. 


ia3 


floor,  21,  was  [)artitioiicd  off  and  occupied  by  enrolliuLC 
clerks. 

The  police  office,  H),  opened  from  the  armory  into 
another  building  on  the  west  side.  This  was  another 
poition  <:>t'  the  same  building  which  contained  the 
jijiartmcnts  of  the  executive  committee.  Here  were 
hanging  festoons  of  handcuffs,  the  pistols  of  capturo<l 
criminals,  relics  of  assassins,  hats  made  interesting 
by  bullet-holes  wreathed  in  the  ropes  which  hangtMl 
their  sometime  owners;  beside  which  were  bowie- 
knives,  slung-shots,  and  burglars'  tools. 

In  tiie  third  story  of  this  building,  immediately  oveu* 
the  Executive  rooms  and  the  police  offices,  were  the 
armorer's  shop  and  the  hospital.  In  the  former  were 
benches  and  tools  for  eight  or  ten  workmen,  and  in 
the  latter  shelves  and  chests  of  medicine,  and  from  six 
to  twenty  cots,  varying  with  the  number  of  patients. 
On  the  roof,  supported  by  a  strong  framework,  hung 
ii  lar,q;e  bell,  whose  terrible  taps  made  the  street  in- 
stantlv  to  swarm  with  scoundrel-hunters.  A  largo 
stci'l  triangle  was  first  placed  on  this  roof,  which, 
struck  with  rapidity  and  foi'ce,  was  heard  to  distant 
parts  of  tlu^  city.  But  when  sounds  were  wanted 
which  could  call  according  to  responsive  heart-beats, 
the  triangle,  like  the  classic  Monumental  bell,  was  laid 
aside  for  more  ponderous  summons.  Likewise  on  the 
roof  of  the  corner  building,  E,  were  two  cannon,  placed 
so  as  to  command  the  streets  either  way,  and  one  on 
tlii^  stone-front  roof.  Also  at  every  port-hole  in  Fort 
Oumiybags  was  a  field-piece. 

In  front  of  these  premises,  extendiug  from  the  walls 
of  the  building  on  either  side  across  the  sidewalks, 
out  into  the  middle  of  the  street,  and  along  the  entire 
stone  front  were  piled  to  a  height  of  about  eight  feet 
Liannv  bags  filled  with  sand,  which  were  to  serve  as 
protection  in  case  of  an  attack.  Gunny  bags  ^\■ero 
then  nuicli  used  by  packers  and  shippers  of  miners' 
supplies,  as  an  outer  covering  and  protection  to  origi- 
nal packages  or  cotton-sacked  goods.     IJeing  the  most 


104 


COMPLETION  OF  THE  ORGANIZATIOX 


!!  !WW 


FORTIFYING  THE  FRONT. 


106 


:-^^ 


available  article  for  the  purpose,  immediately  the  idea 
seized  sgme  member  it  was  acted  on,  and  thereafter 
they  sat  behind  their  fort  of  gunny  bags.  As  the 
texture  of  these  sacks  was  coarse,  it  was  necessary  to 
l»ai(  the  sand  wet  and  to  water  the  fort  frequently,  lest 
the  sand  should  run  away.  Indeed  the  fort  required 
more  water  than  the  members,  both  being  constitu- 
tionally thirsty,  more  especially  before  the  executive 
committee  ordered  that  no  intoxicating  liquors  should 
he  used  on  the  premises. 

The  building  of  Fort  Gunny  bags  was  in  this  wise : 
Shortly  after  the  arrest  of  a  noted  offender  it  was  re- 
ported that  five  hundred  men  of  chivalry,  Tcxans  and 
Idndrcd  sympathizing  spirits  of  the  interior,  had 
1  landed,  and  had  bound  themselves  by  a  hot  and  san- 
guinary oath  to  liberate  him  or  be  made  mince-meat 
in  the  attempt.  Word  was  received  from  Sacramento 
one  day  that  they  were  coming  down  that  night.  It 
was  further  rumored  that  the  opposition  had  secured 
two  pieces  of  artillery,  which  they  proposed  to  plant 
on  (Commercial  street,  and  as  soon  as  the  Tcxans 
landed  to  open  fire  upon  the  building.  One  tolu  them 
this  who  pretended  friendship  until  he  had  obtained 
their  secret.  The  Executive  called  Colonel  Olney  and 
otlicrs,  and  communicating  to  them  the  fact,  asked 
what  preparations  should  be  made  in  consequence. 

.Vfter  due  consultation  it  was  determined  that  it 
was  necessary  to  fortify  the  front,  as  there  was  a  large 
oijon  space  before  the  premises  extending  nearly  to 
Commercial  street.  The  building  was  sustained  by 
small  granite  columns,  a  few  cannon-balls  striking 
which,  down  would  come  the  whole  structure.  It  was 
(leonied  a  wise  precautionary  measure  to  protect  the 
iront  by  a  breastwork,  and  to  use  for  that  purpose  as 
th('  safest  and  most  available  defence  bags  of  sand. 
This,  Olney  was  directed  to  have  done. 

Going  immediately  to  Curtis,  Olney  laid  the  plan 
hefore  him,  and  asked  him  to  take  command  of  the 
\\()rking  party  and  throw  up  the  defences.     Curtis 


IW 


COMPLETION  OF  THE  ORGANIZATION. 


I  .^'  t^'f 


^J.UJ-1  ^  ^  LJ  U  W  ^ 


J^LJ^y^ID"! 


DUPONT 


I- MONTCOivtERy  -  Tsr.  o 


FRONT    P 


1.  Plaza. 

2.  City  Hall  and  Police  Station. 

3.  Bulletin  Publishing  Office. 

4.  Portsmouth  House. 

5.  Bank  Exchange. 

6.  Montgomery  Block. 

7.  Pacific  Express  Company. 

8.  Bulletin  Editorial  Rooms. 

9.  Monumental  Engine  House. 

10.  Dunbar  Alley. 

11.  County  Jail. 

12.  Tehama  House. 


13.  Old  No.  105i  Sacramento  Street. 

14.  Leidesdorff  Street. 

15.  Fort  Gunnybags — Vigilance 

Head-quarters. 

16.  Turn  Verein  Hall. 

17.  Alta  Office 

18.  Herald  Ofi  te. 

19.  Bella  Unio  ^ 

20.  Palmer,  Coo      Company's  Bank, 

21.  Blues  Armor 

22.  California  Es    iange. 

23.  Pennsylvania   Ingine-house. 


KRI'X'TION  OF  THE  ILUlRK'ADK. 


lOT 


5ILANCE 


asscntc'il.  He  went  about  it  at  once  in  a  most  prac- 
tical manner,  proposing  to  make  shoit  work  of  it. 
First  he  bought  twelve  bales  of  gunny  bags,  borrowed 
ten  dozen  shovels,  engaged  all  the  dravs  and  trucks 
he  could  secure,  and  sent  all  to  the  sand-hills  in  Sec- 
ond street,  the  teamsters  to  await  instructions  there. 
This  was  all  kept  strictly  private. 

Olney  then  went  into  the  main  hall  and  called  out : 
"Two  hundred  men  with  side-arms  wanted  for  special 
duty!"  Twice  two  hundred  promptly  responded  to 
the  call,  thinking  only  of  Terrys,  Howards,  jails, 
armories,  and  the  like,  not  forgetting  the  five  hundred 
Texans.  In  making  his  selection  from  them  a  close 
observer  might  have  noticed  that  Curtis  picked  nvn 
of  bone  and  sinew,  regardless  of  skill  and  bravery. 

It  was  now  about  eight  o'clock;  and  as  in  goodly 
array  they  marched  the  streets  in  the  dusky  twilight 
witli  the  gallant  Curtis  their  leader,  surely,  they 
thought,  this  is  some  high  emprise  upon  which  we 
are  bent  to-night.  Out  Front  street  to  Market  and 
from  Market  to  Second  they  went  until  they  wei-e 
brouijht  face  to  face  with  huge  hillocks  of  blank  solid 
sand.  What  foe  was  this,  my  eountryni  en  1  Horsemen 
were  there,  but  of  the  base  ignoble  kind;  implements, 
but  dirt -digging,  paddyish,  not  of  blood-letting  ten- 
dency. Carts!  bags!  shovels!  What  had  all  this  to 
do  with  war!  Where  were. the  five  hundred  Texans! 
Where  were  those  panting  to  hash  or  to  be  hashed ! 
Gradually  upon  their  dazed,  distorted  minds  the  truth 
ill  its  overwhelming  reality  dawned.  Was  it  the  in- 
tention of  those  awful  intelligences  that  sit  behind 
ajjpcaranccs  that  they  should  now  fall  to  and  form 
the  connecting  link  between  the  shovels,  sa^d,  bags, 
and  carts  there  before  them?  And  as  a  realizing  sense 
of  tiieir  situation  fell  upon  them  they  lifted  up  tlieir 
two  hundred  voices  with  one  accord  and  cried  "  Sold ! 
soldi  sold!"  Nevertheless,  to  work  they  went  with  a 
will,  and  soon  the  building  was  fortified. 
Colonel  Lippitt,  a  West  Point  graduate,  was  put 


m\  ■■  i 


i  !■' '»  I 


108 


COMPLETION  OF  THE  ORGANIZATION. 


('■'I. 


Fi 


in  command  of  the  fortifications,  and  the  guns  were 
brought  and  mounted.  In  the  rear  another  similar 
wall  of  defence  was  built,  and  the  roof  was  overspread 
with  riflemen,  and  two  small  cannon  were  placed  upon 
it.  The  organized  band  of  the  interior  was  by  no 
means  a  myth.  The  Texans  came  that  night,  thougli 
there  were  not  five  hundred  of  them.  They  were 
met  by  their  friends.  Gladly,  in  their  elegant  and 
chivalric  phraseology,  would  they  have  minced  and 
hashed  the  vigilants  and  have  set  free  their  delect- 
able judicial  friend;  but  when  they  saw  how  warm 
a  reception  had  been  prepared  for  them,  they  thrust 
their  hands  deep  in  their  pockets,  walked  away, 
whistled,  and  took  a  drink.  Brave  fellows!  and  ox- 
ceodinjj  wise  withal. 

There  was  a  stable  at  head-quarters  where  horses 
were  kept  constantly  saddled  and  oridled,  as  in  feudal 
times,  ready  for  the  immediate  use  of  belted  knights 
who  slept  in  tlieir  harness.  The  stable  consisted  of  a 
large  yard  in  the  rear  of  the  buildings,  having  on  one 
side  a  long  shed,  on  the  other  out-houses.  Cavalry  and 
artillery  horses  were  there  kept,  as  well  as  those  of 
the  mounted  patrol  and  a  dozen  or  so  for  general  ust. 
jSIost  of  the  artillery  was  kept  in  this  yard,  but  there 
were  a  few  pieces  in  the  interior  of  the  building.  The 
two  six-pounders  belonging  to  the  California  Guard 
were  kept  in  the  armory  brightly  burnished.  Captains 
of  clipper-ships  furnished  the  Committee  with  many 
pieces  of  artillery.  Almost  every  vessel  loaned  Fort 
Vigilance  a  four-pounder  while  in  port.  As  many  as 
twenty-five  pieces  of  this  kind  were  sometimes  in  and 
around  iicod-quarters.  Carriages  for  them  were  im- 
provised by  taking  the  forewheels  of  strong  wagons  and 
lashing  the  guns  to  them.  The  cavalry  was  comj)osod 
in  a  great  measui-e  of  the  draymen  of  the  city.  At  an 
alarm  "^ey  would  leave  their  loaded  carts  standing  in 
tlie  middle  of  the  street,  strip  the  harness  from  their 
horses,  and  mounting  would  dash  off  arid  take  their 
places  in  the  line.     Next  to  these  were  wealthy  gen- 


y-'Wi 


ARMS  AND  ACCOUTREMENTS. 


109 


tlcmcn  who  kept  horses,  so  that  here  were  cart-men 
and  carriage-men  side  by  side  in  fighting  array. 

"  I  have  seen  at  one  time,"  said  Mr  Smiley,  "not 
less  than  five  men,  members  of  the  Vigilance  Com- 
mittee, with  muskets  in  their  hands  taking  their  turn 
at  guard,  not  one  of  whom  was  worth  less  than  half 
a  million  dollars."  And  half  a  million  then  was  equiv- 
alent to  five  millions  now.  What  distorted  ideas  we 
all  have  of  men  and  money !  It  was  very  creditable 
in  lialf-a-million  men  to  stand  on  guard  day  and  night, 
rain  or  shine,  to  obey  orders  and  be  good  citizens;  but 
was  it  not  much  more  creditable  for  half- hundred- 
dollar  men  to  do  so?  Why  should  not  a  rich  man 
have  patriotism  and  exercise  self-denial  when  his  in- 
terest in  the  welfare  of  the  state  is  so  much  greater, 
pecuniarily,  than  that  of  the  poor  man,  whose  services 
ho  seems  to  expect  for  nothing?  There  being  neither 
honor  nor  profit  in  acting  as  common  soldier  in  the 
vigilance  ranks,  Mr  Smiley's  remark  would  have  been 
much  stronger  had  he  said,  "I  have  seen  at  one  time 
five  men  not  having  a  pecuniary  interest  in  San  Fran- 
cisco to  the  extent  of  over  fifty  cents,  on  guard,  de- 
fending the  right  from  pure  love  of  right." 

In  July  the  Vigilance  Committee  consisted  of  1 
battalion,  4  companies  of  artillery,  1  squadron,  2 
troops  of  dragoons,  4  regiments,  and  32  companies  of 
infantry — in  all  GOOO  men  under  arms,  well  equipped, 
and  supplied  with  all  the  necessary  munitions  of  war. 

When  the  rooms  were  thrown  open  for  public  ex- 
liibition  the  21st  of  August,  there  were  ihen  IDOO 
muskets,  250  rifles,  300  dragoon  sabres,  78  Roman 
sabres,  55  artillery  swords,  4  brass  six -pounders,  2 
iron  nine-pounders  mounted  on  ship-carriages,  5  two 
and  four  pounders,  and  harness  for  some  30  horses. 
Besides  these  there  was  a  French  portable  barricade, 
a  framework  on  wheels,  which  could  likewise  be  trans- 
formed into  a  scaling-ladder  or  litter,  and  with  a 
bullet-proof  mattress. 
During    the   entire  regime  it  was  wonderful   the 


i  iH\  i 


110 


COMPLETION  OF  THE  ORGAXIZATIOX. 


I     ; 


promptitude  with  which  the  alarm  signal  was  re- 
sponded to.  As  a  rule,  within  fifteen  minutes  from 
the  time  the  bell  was  tapped,  on  any  occasion,  seven 
tenths  of  the  entire  vigila^it  forces  would  be  in  their 
])laces  armed  ready  for  ba'"tle.  A  military  guard  of 
three  or  four  hundred  was  required  to  be  on  duty  iu 
\arious  parts  constantly,  besides  a  police  force  in 
readiness  at  Ik  ad-quarters.  En  every  direction  were 
pickets  and  spies.  The  pass.vord  was  often  changed 
every  day,  and  sometimes  twee  a  day. 


mi 


m  i 


t  --,  i 


(    i  i    , 


Jl.ll 


>  i- 


A  new  and  significant  seal  was  procured,  an  impres- 
sion from  which  was  thereafter  attached  to  all  docu- 
ments emanating  from  the  executive  committee.  It 
was  about  two  a: id  a  half  inches  in  diameter.  In  tlin 
centre,  between  the  words  "Committee  of  Vigilance, 
San  Francisci),"  was  an  open  eye,  from  which  rays 
proceeded,  and  round  the  whole  was  inscribed,  "Fiat 
Justitia,  Iluat  Cerium.  No  creed.  No  party.  N<> 
Sectional  Issues." 

The  principal  features  of  Saturday's  work,  as  shown 
by  the  reconl,  is  as  follows:  First  was  chosen  a  com- 
mittee of  five   for  deliberation  on  matters  of  irravc 


I  was  re- 
utcs  from 
ion,  seven 
e  in  their 

guard  of 
n  duty  in 

force  in 
tion  were 
L  changed 


11  inipres- 
all  docu- 
ttee.  It 
In  thr, 
igilance, 
ich  ravs 
d,  ''Fiat 
•ty.     No 

IS  shown 
1  a  coni- 
i)f  gravt! 


DOINGS  OF  SATURDAY. 


Ill 


importance,  with  power  to  add  to  their  number.  A 
communication  was  received  from  tho  German  niDra- 
liors  of  the  association  requesting  thai  one  of  their 
countrymen  should  be  appointed  to  represent  them  in 
the  executive  committee.  In  reply  to  which  it  was 
determined  that  the  Germans  should  be  allowed  to 
subiiiit  five  names,  from  which  the  Committee  would 
select  one.  Major  Johnson  was  ofticially  notified  that 
the  Committee  would  insist  that  their  guard  have  the 
same  privilege  as  the  guard  of  the  authorities.  Charles 
1  )oane,  was  confirmed  in  his  election  as  chief  marshal, 
and  was  given  power  to  appoint  aids.  James  Ludlow^ 
was  made  assistant  secretary,  Isaac  Bluxome  junior 
liiing  secretary.  It  was  resolved  that  eleven  should 
(I institute  a  quorum  of  the  executive  committee. 

The  mai'shal  w'as  ordered  to  report  as  soon  as  pos- 
sible the  number  and  efficienc}'  of  his  men.  E.  H. 
Parker  agreed  to  loan  the  Connnittee  some  muskets 
and  furnish  a  quantity  of  ball-c;irtridgcs.  I'^acli  di- 
\  ision  was  directed  to  appoint  a  sub-connnittce  to 
examine  its  own  members  and  report  to  the  executive 
lonnnittee  any  who  might  be  regarded  as  doubtful. 
T!ie  marshal  was  requested  to  report  how  soon  he 
would  be  readv  with  his  forces  to  take  the  jail. 

.Vt  this  meeting  it  was  directed  that  the  grand 
marshal  should  transmit  the  followinix  written  nies- 
sage  to  the  sheriff: 

'■  To  David  Scanned,  Ld'/.:  — 

"Dear  Sik  ;  The  Connnittee  of  Vigilance  of  this  county  have  understood 
thiit  tlio  prisoners  in  the  county  jail  were  arn)ed.  Wc  demand  of  you  that 
su -li  jirisoncrs  as  are  armed  shall  bo  immediately  disarmed  of  their  weapons, 
mill  in  Cii'se  of  collision  with  our  body  wo  wai'n  you  and  those  whom  you  have 
lulled  around  you  to  beware  of  the  just  vengeance  of  the  people,  w ho  will 
insist  on  their  rights.  We  insist  that  our  guard  search  prisoners  who  are  sjiid 
til  iiciirnied. 

•■  IJy  order  uf  the  Committee.  No.  33,  tSuirtur;/.'' 

The  constitution  of  1851  was  revised  to  read  as  fol- 
li  '\vs,  and  was  then  adopted  as  the  constitution  of  1  BoO : 

■  WiiKUEAS,  It  has  become  apparent  to  the  citizens  of  San  Francisco  that 
tlniu  is  no  security  for  life  and  property,  either  under  the  regulations  of  so- 


112 


COMPLETION  OF  THE  ORGANIZATION. 


Ill  Kill'  ■ 
1  i'i  '''■!■  ;    . 


ciety  as  it  at  present  exists  or  under  the  laws  as  now  administered,  and  that 
by  the  association  together  of  bad  characters  our  ballot-boxes  have  been 
stolen  and  others  substituted  or  stuflFed  with  votes  that  were  never  polled, 
and  thereby  our  elections  nullified,  our  dearest  rights  violated,  and  no  other 
method  left  by  which  the  will  of  the  people  can  be  manifested :  therefore, 
the  citizens  whose  names  are  hereunto  attached  do  unite  themselves  into  an 
association  for  the  maintenance  of  the  peace  and  good  order  of  society,  the 
prevention  and  punishment  of  crime,  the  preservation  of  our  lives  and  prop- 
erty, and  to  insure  that  our  ballot-boxes  shall  hereafter  express  the  actual  and 
unforged  will  of  the  majority  of  our  citizens;  and  we  do  bind  ourselves  each 
unto  the  other  by  a  solemn  oath  to  do  and  perform  every  just  and  lawful  act 
for  the  maintenance  of  law  and  order,  and  to  sustain  the  law  when  faithfully 
and  properly  administered.  But  we  are  determined  that  no  thief,  burglar, 
incendiary,  assassin,  ballot-box  stuffer,  or  other  disturber  of  the  pdace,  shall 
escape  punishment,  either  by  the  quibbles  of  the  law,  the  insecurity  of  prisons, 
tho  carelessness  or  corruption  of  the  police,  or  a  laxity  of  those  who  pretend 
to  administer  justice;  and  to  secure  tho  objects  of  this  association  we  do 
hereby  agree : 

' '  First.  That  the  name  and  style  of  this  association  shall  be  the  Committee 
of  Vigilance,  for  the  protection  of  the  ballot-box,  the  lives,  liberty,  and  prop- 
erty of  the  citizens  and  residents  of  San  Francisco.  Second.  That  there  shall 
be  rooms  for  the  deliberation  of  the  Committee,  at  which  there  shall  be  some 
one  or  more  members  of  the  Committee,  appointed  for  that  purpose,  in  constaut 
attendance  at  all  hours  of  the  day  and  night,  to  receive  the  report  of  any  mem- 
ber of  the  association,  or  of  any  person  or  persons  whatsoever,  of  any  act  of 
violence  done  to  the  person  or  property  of  any  citizen  of  San  Francisco ;  and 
if,  in  the  judgment  of  the  member  or  members  of  the  Committee  present,  it  bo 
such  an  act  as  justifies  or  demands  the  interference  of  this  Committee,  eithi'i- 
in  aiding  in  the  execution  of  the  laws  or  the  prompt  and  summary  punish- 
ment of  the  offender,  tho  Committee  shall  bo  at  once  assembled  for  the  purpose 
of  taking  such  action  as  a  majority  of  them,  when  assembled,  shall  determine 
upon.  Third.  That  it  shall  be  the  duty  of  any  member  or  members  of  the 
Committee  on  duty  at  the  Committee  rooms,  whenever  a  general  assembly 
of  the  Committee  is  deemed  necessary,  to  cause  a  call  to  be  made  in  such  a 
mamier  as  shall  be  found  atlvisable.  Fourth.  That  whereas  an  executive  com- 
mittee have  been  chosen  by  the  general  committee,  it  shall  be  the  duty  of  tho 
said  executive  committee  to  deliberate  and  act  upon  all  important  questions, 
and  decide  upon  the  measures  necessary  to  carry  out  the  objects  for  which 
this  association  was  formed.  Fifth.  That  whereas  this  Committee  has  been 
formed  into  subdivisions,  the  executive  committee  shall  have  power  to  call, 
when  they  shall  so  determine,  upon  a  board  of  delegates,  to  consist  of  throe 
representatives  from  each  division,  to  confer  with  them  upon  matters  of  vital 
importance.  Sixth.  That  all  matters  of  detail  and  government  shall  be  em- 
braced in  a  code  of  by-laws.  Seventh.  Tliat  the  action  of  this  body  shall  ho 
entirely  and  vigorously  free  from  all  consideration  of,  or  participation  in  tho 
merits  or  demerits,  or  opinion  or  acts,  of  any  or  all  sects,  political  parties,  or 
sectional  divisions  in  the  community ;  and  every  class  of  orderly  citizens,  uf 
whatever  sect,  party,  or  nativity,  may  become  members  of  this  body.    No  dis- 


REVISED  COXSTITUTIOX. 


113 


d,  and  that 
)  have  been 
ever  polled, 
uttd  no  other 
:  therefore, 
Ives  into  an 
society,  the 
B8  and  prop- 
e  actual  and 
rselves  each 
d  lawful  act 
en  faithfully 
lief,  burglar, 
p^ce,  shall 
;y  of  prisons, 
who  pretend 
iation  we  do 


m 


cns-ii):i  o;  political,  sectiona!.  or  sectarian  subjects  sliall  be  allowed  in  the  looms 
of  tliciisii  ciatioii.  Kightii.  That  no  person  accused  before  this  body  shall  be 
iiiiiii.-liiil  I. iitil  after  fair  and  impartial  trial  and  conviction.  Ninth.  That 
V laiiuvfi'  the  general  committee  have  assembled  for  deliberation  the  decision 
of  till'  majority  upon  any  fjucstion  that  may  bo  submitted  to  them  l)y  the 
oxfoutive  committee  bhall  be  binding  upon  the  whole;  provided,  nevertheless, 
tliat  -ivlieu  the  delegates  are  deliberating  on  the  punishment  to  be  awarded  to 
any  ciiniiiials,  no  vote  inflicting  the  death  penalty  shall  be  binding  uide.ss 
pa.ssed  by  two  thirds  of  those  present  and  entitled  to  vote.  Tenth.  Tliat  all 
good  citizens  sliall  be  eligible  for  admission  to  this  body,  under  such  regulations 
as  inav  be  prescribed  by  a  committee  on  qualifications;  and  if  any  unworthy 
persons  gain  admission  they  sliall  on  due  proof  be  expelled.  And  believing 
ourselves  to  be  executors  of  the  will  of  the  majority  of  our  citizens,  we  do 
jikdgt!  onr  sacred  honor  to  defend  and  sustain  each  other  in  carrying  out  tiio 
ileterniiiieil  action  of  this  Committee  at  the  hazard  of  our  lives  and  fortunes. " 

T]ic  Visfilance  Committee,  when  fairly  organized, 
stood  as  follows,  though  subject  to  constant  change : 

Picsiilcnt,  William  T.  Coleman. 

Vice-Presidents:  Clancey  J.  Dempster,  Samuel  T.  Thompson,  J.  D.  Far- 
wtll,  William  H.  Tillinghast,  Lorenzo  Hubbard,  James  M.  Taylor,  Thoiiiaa 
J.  L.  Smiley,  A.  W.  Bell,  David  S.  Turner. 

Secretary,  Isaac  Bluxome  junior. 

Assistant  Secretary,  Charles  Ludlow. 

Treasuri  r,  James  Dows. 

As.sistant  Treasurer,  William  Meyer. 

Grand  Marshal,  Charles  Doane. 

Sei'geant-at-Arms,  Jerome  Rice. 

Cliii  f  of  I'olice,  Oscar  Smith ;  afterward,  James  F.  Curtis. 

Director  of  Police,  Aaron  M.  Burns;  afterward,  W.  C.  B.  Andrews. 

Surgeon  in  Chief,  Dr  R.  Beverly  Cole. 

Exeentive  Committee:  William  T.  Coleman,  Thomas  J.  L.  Smiley,  .Tames 
Dows,  J.  J'.  Mimrow,  S.  T.  Thompson,  W.  T.  Thompson,  R.  Beverly  Cole, 
J.  S.  llmeiy,  X.  O.  Arlington,  L.  Bossange,  Charles  Doane,  J.  K.  Osgood,  R. 
.M.  Jessup,  J.  H.  Fish,  m"^  J.  Burke,  C.  L.  Case,  F.  W.  Pago,  fimile  Cn.sur, 
<l;uKey  J.  Dempster,  J.  D.  Farwell,  0.  B.  Crary,  Wdliam  H.  Tillinghast, 
William  Arrington,  E.  P.  Flint,  W.  T.  Reynolds,  Eugene  Delessert,  N.  P. 
llutchings,  J.  W.  Brittan,  William  H.  Rogers,  Miers  F.  Truett,  (J.  V.  Gillispii;. 
Isiuic  Bluxome  junior,  H.  S.  Brown,  E.  B.  Goddard,  E.  Gorham,  George  11. 
\Vard,  ( 'alvin  Nuttmg,  James  Ludlow.  Jules  David,  A.  L.  Tubbs,  II.  M.  Hale, 
uud  A.  M.  Burns. 


Pop.  Tbib.,  U.   8 


''■  ii 


m 


CHAPTER  VII. 


THE    EXECUTIVE    COMMITTEE    OF    1856. 


iiilli  •* 


This  forced  the  Btubbom'st,  for  the  cause, 
To  cross  the  cudgels  to  the  laws, 
That  what  by  breaking  them't  had  gain'd 
By  their  support  might  be  maintain'd. 

Butler,  Iludibra^. 


}    i 


I  r-m 


ia 


mn 


The  personnel  of  the  Executive  Committee  of  1850 
was  quite  different  from  that  of  the  Executive  Com- 
mittee of  1851.  In  the  former  was  more  of  character 
and  less  of  circumstance^.  Society  was  older,  more 
thoughtful,  more  sedate,  and  responsible  in  1856  than 
in  1851,  and  the  leaders  of  the  popular  movements  of 
their  respective  epochs  partook  of  the  qualities  of  tlie 
times.  The  men  of  1851  were  in  the  main  earnest 
and  efficient,  and  they  did  exceedingly  well.  All  honor 
to  them.  It  was  under  their  impetuous  action  that 
the  vigilant  idea  was  more  fully  awakened.  Like 
drowning  men  struggling  to  save  themselves,  they 
hardly  knew  what  they  did;  but  as  is  often  the  case 
in  sudden  and  impromptu  efforts,  they  adopted  a 
course  of  action  the  best  possible  under  the  circum- 
stances. Examining  their  conduct  critically,  few  are 
the  improvements  we  could  suggest,  that  is  if  we 
fully  place  ourselves  in  their  position.  Even  at  tliis 
day,  with  all  our  experience,  we  could  teach  them  little. 
They  were  obliged  to  act  quickly.  They  had  neither 
the  time  nor  the  inclination  to  formulate  their  con- 
cepti  >  s  consider  chances,  ponder  plans,  and  work 
to  a      ven  rule.    Deliberation  was  not  the  spirit  of 


the  dc.' 


(lU) 


THE  TWO  PRESIDENTS. 


115 


And  yet  the  leaders  of  1851  were  fluttering  adven- 
turers compared  with  the  broader-minded  and  more 
tleliberativc  inquisitors  of  1856.  So  quickly  were 
turned  the  somersets  of  society  in  those  days  that 
neither  thought,  purpose,  nor  population  were  in  the 
01113  crisis  as  in  the  other.  California  was  no  longer 
beyond  the  limits  of  civilization,  nor  was  San  Fran- 
cisco only  an  embarcadoro  for  miners  and  traders.  To 
liiui  whose  eye  was  single,  nature  smiled  upon  these 
shores.  To  him  whose  heart  was  pure,  God  was  there. 
Thousands  who  had  fled  the  country  and  its  profane 
doings  as  from  a  pestilence  had  returned  with  their 
families,  satisfied  that  for  them  there  was  no  other 
sfiot  on  earth  on  which  contentedly  they  might  live. 
To  them  the  whole  atmosphere  of  ambition  and  inten- 
tion had  changed.  Men  saw  with  dififerent  eyes;  and 
it  w^  little  wonder  that  objects  both  hideous  and 
beautiful  were  now  discernible  to  which  hitherto  their 
eyes  had  been  blind. 

We  cannot  do  better  for  a  moment  than  to  place 
sitle  by  side  the  presidents  of  the  two  committees, 
taking  the  first  president  of  the  first  Committee  and 
the  only  president  of  the  second  Committee  and 
scrutinizing  somewhat  their  salient  characteristics. 
Nothing  can  illustrate  more  clearly  the  distinguishing 
features  of  the  two  movements,  the  two  presidents 
being  strikingly  representative  each  of  his  associates 
and  the  general  temper  of  the  times. 

Sam  Brannan,  men  called  the  first,  and  sometimes 
plain  Sam.  There  is  no  little  significance  in  the  name 
one  goes  by  among  one's  associates.  It  implies  dig- 
nity or  the  lack  of  it;  morality  or  the  lack  of  it;  piet}^ 
temperance,  hearty  fellowship,  wit,  learning,  modesty, 
lefinement,  or  the  absence  of  these  qualities.  In  this 
instance  to  have  employed  the  term  Mister,  or  Samuel, 
or  Reverend,  or  Esquire,  would  have  seemed  as  mal- 
apropos in  a  friend  or  companion  as  to  have  applied 
the  same  expressions  of  courtesy  or  respect  to  a  circus 


IIG 


THE  EXECUTIVE  COMMITTEE  OF  1856. 


Ill 


!a:'Si 


.'ii  I' 


down  or  to  a  watch-dog.  Though  for  a  tiiiio  one  r  f 
the  most  prominent  men  in  CaHfornia,  one  of  the 
wealthiest — I  do  not  say  one  oi'  the  most  highly 
esteemed — the  sobriquet  Sam  was  used  instinctively 
as  the  synonymo  of  the  individual.  It  was  only  once, 
within  my  recollection,  when  he  assumed  the  role  of 
l)anker,that  these  titles  of  respectability  were  affected, 
and  then  the  sensitive  public  seemed  shy  of  him,  and 
the  project  was  abandoned.  Sam  Brannan,  banker, 
would  have  been  a  tangible  reality,  however  hirsute  t»r 
churlish  he  may  have  been,  but  Samuel  Branniui, 
Esquire,  banker,  was  a  social  myth,  a  far-away  in- 
corporeal thing. 

When  Sam  was  a  saint  appellations  of  reverence 
were  not  out  of  place;  but  saturated  with  the  avarice 
and  strong  drink  incident  to  California,  since  hi^s 
arrival  here  Sam  has  been  no  saint.  It  is  true  ho 
followed  preaching,  as  a  Mormon  leader,  priest,  or 
prophet,  for  a  short  time  after  landing  at  San  Fran- 
cisco ;  but  when  the  enlightened  brethren  declined  the 
further  payment  of  tithes  ho  cursed  them,  told  them 
to  go  to  hell,  while  he  went — his  way.  Monogamous 
or  polviramous  doctrines  never  troubled  him  much, 
judging  from  his  flaming  devotion  to  the  tender  ])as- 
sion;  in  fact,  in  the  not  wholly  pleasurable  scrutiny  of 
his  life  and  character  my  labors  have  forced  upon  me, 
judging  from  the  record  since  1848  and  from  prac- 
tices notorious  for  more  than  a  quarter  of  a  century, 
I  have  often  wondered  what  Sam  really  did  preach 
when  he  was  a  Mormon  elder. 

But  as  Casey  said  of  his  Sing  Sing  experiences, 
Sam's  early  piety  should  not  now  be  raked  up  against 
hhn.  He  was  a  leader  in  Israel  as  long  as  it  paid; 
and  all  wise  leaders  lay  down  their  arms  when  the 
remuneration  fails,  for  in  religion  as  in  war  money  is 
half  the  battle. 

Yet  with  all  these  repulsive  qualities  flung  in  with 
other  scarcely  more  palatable  ingredients  to  the  com- 
position of  this  character,  the  occasion  of  1851,  as  I 


c  one  (^( 
)  of  the 
b  lii<ijhly 
inctivcly 
lily  oiu'c, 
c  role  of 
affected, 
liiiii,  and 
,  banker, 
irsuto  or 
Branuaii, 
iway  iii- 

everciKx' 
e  avarice 
iinco   hi;, 

true  lie 
wriest,  or 
an  Fran- 
jlinccl  the 
3ld  tlieiu 

)gani()us 
much, 
ider  pas- 

•utiny  ot" 
Don  me, 

)m  prac- 

century, 
preach 

cricnces, 
against 
it  paid; 
hen  the 
Qoney  is 

in  with 
he  coni- 
51,  as  I 


WILLIAM  T.  COLEMAN. 


117 


ri 


have  before  remarked, needed  just  such  an  instrument. 
Analyzo  still  closer  the  qualities  hero  present,  and  see 
]i()\v  \vell  they  fit  the  exigency.  Principle  we  regard 
as  a  nobler  and  more  desirable  quality  than  unbridled 
p.ission;  yet  ])rinciplc  alone  would  not  have  struck 
tlic  sudden  blow  that  stunned  the  monster  of  1851. 
All  evenly  balanced  mind  wherein  justice  calmly  sits, 
and  soothing  piety  and  all  the  sweet  amenities  of  life 
liiid  welcouio,  wo  look  upon  as  more  lovely  than  the 
ruhng  power  of  man  roused  to  vindictive  hate  and 
hloody  revenge;  and  yet  neither  justice,  piety,  nor 
\ihty  alone  would  have  delivered  the  city  in  1851. 
The  disease  was  passionate,  hateful,  bloody;  so  Avero 
{\\v  times,  and  bloody,  hateful,  passionate  must  be  the 
CUV.  To  odious,  soul-bespattered,  spiteful  Sam,  the 
coinnionwealth  of  California  owes  much. 

Now  turn  to  the  president  of  the  185G  Committee. 
From  a  lumber  business  in  St  Louis,  William  T. 
Coleman  came  to  California  in  the  summer  of  18-49 
;;()ld-l uniting;  but  traffic  captured  him,  tirst  at  the 
teiite'd  city  of  Sacramento,  carrying  him  thence  to 
]'liicervill(\  and  finally  to  San  Francisco  and  Xew 
\irAi.  His  early  life  was  the  school  of  business  ex- 
pi'rieiice:  a  hand-to-hand  conflict  with  fortune,  where 
lusty  strength  was  guided  l)y  wits  newly  whetted  each 
morning  for  the  day's  encounter.  During  this  part 
ol'  Iiis  career  I  find  no  trace  of  questionable  transac- 
tions, of  business  aberrations,  and  those  double  deal- 
inu's,  not  to  sav  fraudulent  failures  and  downriixht 
swindles,  which  stain  the  early  record  of  so  many  who 
liave  since  achieved  pecuniary  succc^'S. 

On  the  contraiy,  Mr  Coleman's  life  has  been  one 
ot"  honorable  exami)le  from  the  befjinning.  Brouij^ht 
into  prominence  by  superior  skill  and  application,  both 
iit  home  and  al>road,  his  good  name  has  ever  been  a 
shining  mark  for  calumny,  yet  always  one  from  wliicli 
the  Hery  darts  of  evil-minded  men  fell  harmless.  No 
man  has  done  more  to  elevate  the  standard  of  com- 
mercial  morals  in   California   or   to  strenirthen  the 


118 


Tin:  EXECUTIVE  COMMITTEE  OF  1836. 


!<>. 


',«    ■■!    ,'. 


Ill 


ji;  r  ■ 


i;,flj 


commercial  credit  of  San  IVancisco.  During  tlio 
eastern  fmancial  panic  of  1857,  when  confidence  was 
shaken  and  Cahfornia's  reputation  particularly  low, 
almost  single-handed  Mr  Coleman  wrought  in  Nuw 
York  an  entire  revulsion  in  feeling  concerning  Pacilic- 
coast  credits.  If  there  be  one  whom  it  were  safe  to 
hold  u[)  as  a  model  Californian,  this  is  the  man. 
Throwinu:  himself  into  the  vortex  of  adventure  witli 
all  the  ardor  of  high  ambition,  and  with  a  mind  of 
that  highly  tempered  metal  susceptible  of  the  keenest 
edge,  carefully  avoiding  meanwhile  the  shoals  upon 
which  so  many  noble  characters  were  WTecked,  wIkj 
of  eight  thousand  was  a  fitter  cliief  than  he?  In 
honesty,  practical  sense,  and  presence  of  mind  he  was 
not  surpassed  by  Themistocles. 

Destined  like  Caesar  to  success  divine,  in  him  was 
combined  in  a  remarkable  degree  moral  and  physical 
courage.  Without  the  slightest  approach  toward 
rowdyism,  without  pugilistic  proneness  in  heart  or  in 
manner,  preferring  to  the  last  moment  the  logic  vC 
mind  to  the  logic  of  muscle,  keeping  his  fine  physicjUL; 
untler  the  coolest  control  of  intellect,  he  could  never- 
theless, upon  the  failure  of  argument,  employ  llio 
ultimate  appeal  with  consummate  force.  In  tlio 
Burdue- Stuart  affair,  as  we  have  seen,  his  prepaia- 
tion  for  the  combat  which  he  saw  brewing  on  that 
Sunday  morning  was  to  go  home  and  change  liis 
Sunday  clothes  for  his  every-day  apparel;  yet  in  the 
hot  exercises  of  that  day  none  were  cooler,  none 
mingled  more  earnestly  in  tlie  exciting  duties,  and 
none  did  more  to  quiet  the  troubled  sea. 

If  there  be  one  (juality  more  detestable  than  another 
to  the  average  Californian  mind,  it  is  the  quality  of 
nieanness.  A  man  may  be  lax  in  his  payments, 
having  a  dull  sense  of  honor,  of  integrity;  he  may  lio 
immoral,  dishonest  in  a  dashing  way,  or  even  a  fi lo- 
cator with  human  blood  upon  his  hands;  if  he  be  not 
niggardly,  abject,  or  socially  sordid,  all  else  may  he 
forgiven  him.    On  the  other  hand,  no  matter  how  in- 


CHARACTERISTICS. 


119 


Ml 


ti  HiL,nnit,  or  learned,  or  pious,  or  wealtliy,  or  temperate ; 
ii(»  iiijitter  how  exact  in  the  fulfihiient  of  all  monetary 
and  other  obligations,  if  he  be  what  is  currently  called 
iiu'iin,  reptile- blooded,  selfish,  soulless,  let  him  be 
iuiathenia.  California  is  not  his  country;  unless, 
indied,  as  some  seem  to  do,  he  covets  contemptible 
distinction,  and  revels  in  an  atmosphere  of  odium.  I 
do  not  say  that  this  is  as  it  should  be:  I  say  that  it  is 
as  it  is. 

j\Ir  Coleman  was  a  man  of  intellect,  of  sound  prac- 
tical understanding,  of  genius  if  you  like,  and  if  his 
I  lilt  11  had  led  through  the  more  abstract  realms  of 
mind  he  would  have  made  his  mark  in  any  one  of  the 
v;;ri()us  fields  of  intellectual  ambition, of  science,  states- 
i;  ansliij),  or  jurisprudence.  To  a  thorough  education 
tally  accjuired  he  added  general  information;  he  was 
ciiiineutly  intelligent  and  skilled  in  all  the  ways  of 
coiiinierce. 

Wlien  work  was  to  be  done  he  was  one  with  the 
workers;  sajing  not  " Go  thou,"  but  " Let  us  go."  In 
non-essentials  he  was  in  all  respects  yielding,  but 
on  vital  ])oints  of  policy  or  principle  he  was  as  Gib- 
raltar. He  liked  to  have  his  own  way,  as  we  all  do, 
but  liis  way  was  usually  the  best  way.  When  he 
could  not  have  it,  however;  when  his  associates  ruled 
a^'ainst  him,  as  was  frequently  the  case,  he  yielded 
w  itli  as  good  a  grace  as  any  man  I  ever  knew. 
Though  conciliatory  toward  inferiors,  and  toward 
those  who  follow  well,  should  any  attempt  coercion 
Ik.'  could  be  as  haughty  as  a  prince  of  Persia. 

To  elevate  in  these  pages  any  man  as  the  object  of 
idolatry  is  foreign  both  to  my  taste  and  to  my  purpose. 
Friend  or  foe,  I  would  weigh  every  individual  charac- 
ter claiming  attention  in  the  even  balance  of  truth. 
Doubtless  Mr  Coleman  has  his  weaknesses,  his  un- 
])leasing  side,  as  every  one  has;  but  I  must  confess 
my  inability  to  find  those  glaring  faults  which  critics 
delight  in.  If  he  has  enemies  they  are  few  and 
reticent;  or  else,  belonging  to  that  hybrid  class  of 


120 


THE  EXECUTIVK  COMMITTEE  OF  1850. 


U 


>if:.t 


])()lltico-pugili.stH  wlioiii  ho  hates,  and  from  wliorn  [ 
«!()  not  tlraw  my  estimates  of  character,  I  liear  httli; 
of  them. 

The  executive  committee  comprised  the  l)est  talent 
ill  the  city,  and  that  Mr  C<jleman  was  tl»e  Ijest  man 
in  the  Committee  for  the  position  of  president  theic 
can  1)0  no  doubt.  And  the  best  talent  of  San  Fran- 
cisco I  hold  to  be  as  good  as  the  best  of  any  city  on 
earth.  In  its  ciiscmhle  it  presents  a  widcdy  dilfereiit 
appearance  from  an  association  of  the  best  talent  of 
]}oston  or  of  London.  To  the  prim  and  ])rudish  such 
an  assemblage  might  seem  crude  and  incongruous, 
might  seem  j)rofane  or  intemperate,  might  seem  lack- 
ing in  a  due  regard  to  dress,  manners,  and  forms  of 
speech;  but  they  would  tell  them  that  brain  power 
d«)es  not  depend  upon  the  style  of  hat,  nor  the  forcM 
of  language  upon  its  elegance,  and  that  as  honest 
hearts  beat  under  plain  buttons  as  under  diamond 
studs.  Xot  that  these  men,  all  of  them,  lacked  culti- 
vation of  mind  or  elegance  of  manners;  but  simply, 
they  set  no  great  store  upon  these  things.  The 
(piestion  was  not  How  much  is  he  worth,  wlio 
v.'as  his  grandfather,  what  does  he  know?  but  What 
can  he  do? 

In  one  word,  at  once  comprehensive  and  individual, 
these  were  Californians.  There  were  never  men  like 
tliem  before,  and  never  will  be  a<jain.  Thev  were  a 
race  i<ai  f/owris;  they  came,  and  are  gone,  ^[aiiy  of 
them  are  livinix  to-day,  but  they  are  not  the  men  of  '5(j ; 
gi\e  to  them  a  new  birth,  unless  creation  be  bor-n  a;iew 
v,  ith  them,  they  are  not  their  former  selves. 

Now  Mr  Coleman,  though  as  thoroughly  saturated 
a  Californian  as  ever  lived,  was  a  gentleman  in  the 
higliest  sense  of  the  term.  He  was  ])ossessed  of 
honesty  and  integrity,  which  some  who  call  themselves 
gentlemen  lack.  He  had  a  bright,  clear  intellect, 
trained  and  burnished,  and  a  well  stored  mind,  always 
ready  for  use — qualities  which  many  so-called  gen- 
tlemon  deem  supcrliuous.    To  qualities  of  mind  which 


!      49 


CLANCFA'  J.  DEMPSTER. 


»1 


dill  liiiii  honor  were  added  kindness  of  licart  and  genial 
(Miiirtesy. 

Ill  ]»iiyslfino  he  presented  a  fiijurc  wliidi  Mould  l>o 
iciiKuked  even  in  a  senate  chamber,  or  in  any  ;^fiither- 
iii.;-  of  t'ultivated  men  anywhere.  Tall,  hir^e,  sym- 
iiKtri(?Ml  in  f(^rm,with  a  high  intellectual  i'orehead,  and 
eves  (if  illimitable  depth  and  clearness,  his  presence 
v.is  ;il\vays  imposing,  and  would  indeed  be  felt  as 
i,\V(-iiispiring  were  it  not  for  the  visible  good-humor 
lli;it  r;idiates  from  every  feature.  lie  is  a  man;  place 
liiiii  .'uiywherc  you  will,  and  he  fdls  the  position.  Yet 
v.itli  idl  his  connuanding  presence  lie  drops  to  tho 
1  ■vtl  of  his  associates,  whoever  or  whatever  tliey  may 
he,  with  instinctive  gi'ace  and  dexterity.  In  him  unite 
luoio  than  in  any  other  man  I  ever  met  tiie  dignilv  of 
sincerity  with  genial  aftability.  He  was  essentially 
I'lc  most  natural  of  men;  there  was  nothiug  artilicial 
liliout  liim. 

So  was  ^Ir  Brannan  natural,  caring  neither  for  God 
i!i>i-nian;  l)nt  the  two  were  quite  dilierent.  In  regard 
t«>  tlu-  sterling  qualities  of  heart  and  mind,  the  char- 
;!"trr  of  Mr  Brannan  was  cast-iron.  Burnish  it  as 
you  Would,  it  was  always  iron,  rough  and  unyielding, 
v. Ill  leas  Mr  Coleman's  character  I  should  liken  to  a 
golden  nugget,  unstamped  by  conventionalities,  but 
l)riglit  and  polished  as  from  S(mie  freshly  split  sierra. 


Next  to  Mr  Coleman  stood  Clancey  J.  Dempster, 
in  some  respects  the  most  rcmarka])Ie  man  of  the 
iiioveinent.  A  New  Yorker,  son  of  a  distinguished 
rli  rgvman,  a  portion  of  his  early  life  was  spent  at 
Ducjios  Ayres,  where  his  father  had  charge  of  tho 
i'lotestant  missionary  station;  thence  to  a  business 
lious(!  iu  Baltimore,  and  in  1849  to  California,  to  meet 
iind  he  made  a  partner  by  D.  L.  Boss,  because  of  his 
l»u>i:iess  ability. 

I'^roni  his  tatlier  he  seems  to  have  inherited  an 
evc'dv  balanced,  loaficnl  mind,  untirinu'  and  persistent 
eiieigy,  and  no  small  degree  of  literary  talent,  Vv'ith  a 


122 


THE  EXECUTIVE  COMMITTEE  OF  1830. 


m  '  '■' 


'ft; 


In.  ■} 


in 


;.liL 


«i«. 


love  of  the  simple  habits  of  a  i)laiii  domestic  homo; 
from  his  mother,  a  noble  Christian  woman  of  good 
Scotch  Presby i  jrian  stock,a sweet  amiabilitvof  temper 
and  unseltish  devotion  to  principle.  Small  of  statuiL', 
of  light  complexion,  with  a  mild  blue  eye  and  gentle- 
mien,  he  is  the  last  person  even  a  ch^se  obserwr 
would  select  for  an  inquisitor  or  pronounce  the  most 
unswerving  of  a  band  of  stranglers.  In  1856  he  was 
twenty-eight,  but  little  more  than  boy  in  years,  yet 
a  Nestor  in  wisdom,  with  marked  genius  in  certain 
directions.  Light  a  candle  and  search  the  city  dili- 
gently, and  you  will  find  no  other  such  man. 

He  was  the  moral  ideal  of  vigilance  as  compared 
with  Coleman,  who  was  the  physical;  he  was  the  del- 
icate spring  that  held  and  regulated,  while  the  latter 
was  the  swift  and  powerful  engine  that  drove  the 
machinery.  Call  it  a  reformation,  and  he  was  the 
Melancthon  of  Coleman's  Luther;  a  revolution,  and 
he  was  the  Franklin  of  Coleman's  Hancock.  Both 
will  expend  themselves  in  devotion  to  a  great  })rin('ii)lc 
for  the  jmblic  good;  and  while  the  actuating  motive 
of  the  one  is  noble,  the  other  is  absolutely  pure. 

Close,  methodical,  painstaking,  anel  industrious  in 
business,  thorough  and  conscientious  in  all  thiiin's, 
Mr  Dempster  nmst  necessarily  measure  others  by  the 
same  standard,  and  exact  from  public  men  the  same 
faithful  discliarge  of  duty^  that  is  expected  from  tlio 
honest  private  citizen.  In  fact,  as  regarels  culpability, 
he  sees  no  dift'erence  in  the  laxity,  ineflSciency,  or  dis- 
honesty of  a  public  officer  and  those  of  the  citizen. 

Under  provocation  he  was  restrained,  always  j)r«  - 
ferring  persuasion  to  force,  considerate  of  otheis, 
though  firm,  persistent,  and  fearless  in  maintaiiiinii' 
the  riglit.  Genial,  charitable,  couipanionable,  1k'  i' 
ever  on  the  watch  to  serve  and  make  others  happy. 
Witliout  any  of  the  small  or  large  vices  incident  to 
tempestucms  experiences,  incident  particularly  to  Cal- 
ifoi'uians,  lie  enjoys  a  quiet  home  and  the  [)leasures  nf 
domestic  life.     He  is  one  who  grows  upon  both  a 


C00LXE3S  AND  COURAGE. 


123 


j.stic  home; 
m  of  good 

VoftoilllH.'!' 

of  statuix', 
and  jjfentk- 
e  obsurvLT 
e  the  most 
35G  he  was 
years,  yet 
i  in  certain 
le  city  dili- 
n. 

i  compared 
•as  the  del- 
Li  the  latter 
drove  the 
le  was  the 
hition,  and 
)ek.  ]^.)tli 
at  princijile 
ing  motive 
pure. 

Listrious  ill 

all   th ilia's, 

lers  by  the 

the  same 

from  the 

ulpability, 

[ley,  or  dis- 

citizen. 

ways  pie- 

of  othois, 

iaintainin;4 

d)le,   he  i> 

Ts  Imppv. 

ncident  te 

•Iv  to  ( 'al- 

leasurcs  tit 

)n  both  a 


friend  and  an  enemy:  the  former  finds  in  him  every 
(lav  more  to  love,  the  latter  more  to  fear.  The  widow, 
the  fatherless,  the  poor,  the  distressed,  ever  find  in 
him  true  and  unostentatious  sympathy  and  aid.  Says 
one  of  my  dictations:  "The  man  who  possessed  more 
knov,ledge  of  law,  of  character,  and  had  a  better  aj)- 
preeiation  of  the  situations  of  things  than  any  other 
man,  was  Mr  Dempster."  Another  calls  him  a  "cool, 
cahulating,  brave  man;  not  a  bit  nervous;  you  can't 
fri,i,diteu  him." 

\W  instinct  and  education  he  was  conservative. 
Tiadition  had  done  more  for  him,  perhaps,  than  for 
any  of  his  associates.  Though  of  Scotch  puritan 
j^toek,  he  retained  his  principles,  thanks  to  California, 
in  a  great  measure  free  from  })ur"itan  prejudices. 
]{egard  him  to-day,  and  notwithstanding  the  sul[)hur- 
ous  ilauies  of  185G,  with  freedom  of  thought  on  all 
^ulijeets,  with  an  intellect  wholly  emancipated  from 
puritan  [)rejudices,  he  is  as  strict  in  his  obedience  to 
the  laws  of  God  and  man,  as  careful  of  the  rights  of 
his  neighbor,  as  sensitive  to  the  call  of  duty,  whether 
in  the  family  or  in  the  state,  as  the  purest  puritan  of 
them  all. 

Difficulties  seemed  only  to  nerve  him  to  greater 
otturt,  and  danger  to  inspire  him  with  greater  courage, 
lie  was  of  all  others  a  man  for  emergencies;  for  it 
was  then  alone  he  gave  full  rein  to  his  resources. 
The  strength  as  well  as  the  beauty  of  his  character 
lay  in  the  marvellous  blending  of  modest  denuianor 
with  uufiinching  courage,  of  mildnes-s  of  s[)eec)!  wit^i 
force  of  will,  and  of  that  steadfast  earnestness  \\1'i*.h 
neither  discouraijement  could  daunt  nor  success  in- 
toxieate.  His  deep  (piiet  enthusiasm  bordered  oa 
the  sublime.  So  unselfish  was  it  that,  although  able 
t(i  till  the  highest  position,  he  was  content  with  any; 
although  keenly  alive  to  the  fiiults  and  failures  of  his 
assdciates,  there  was  nothing  c  ,  '"ous,  fault-finding, 
or  unkind  in  his  criticisms.  To  shirk  res))onsibility ; 
to  withhold  time,  thought,  or  money  when  the  cause 


fl 


124 


THE  EXECUTIVE  COMMITTEE  OF  1856. 


demanded  it,  were  as  unknown  to  him  as  obtrusive- 
ness,  vanity,  or  affectation. 

In  his  intercourse  with  his  associates  no  less  than 
in  liis  conflicts  with  his  antagonists,  he  was  the  ])er- 
sonification  of  discretion.  His  silence  was  often  nioro 
])<>werful  than  the  most  ponderous  or  persuasive 
words  of  another.  Positive  in  opinions,  unflinehiiiLf 
in  the  performance  of  what  he  deemed  his  duty,  and 
as  unyielding  to  threats  as  cast-iron  to  the  blows  of 
a  lady's  fan,  there  was  latent  within  him  a  ])o\ver  Ix'- 
yond  that  of  the  most  noisy  demonstration  of  unloosid 
and  riotous  forces.  Let  the  storm  raoe  whether  in 
the  Executive  chamber  or  before  the  armory  of  tlu; 
lUues,  the  subtile  electricity  of  his  nature  is  sure 
ill  tlie  end  to  equalize  the  wild  antagonisms  of  le.ss 
ha])pily  balanced  minds. 

Sonu.'timos  we  see  the  rarest  wit  shine  tln-ough  a 
v.K'lanclioly  face,  sometimes  the  serenest  mind  tossed 
i'l  an  uncpiiet  body;  but  far  less  often  do  we  find  in- 
<;ustc(l  with  so  placid  an  exterior  an  energy  at  onco 
\()lt'anic  and  silent,  joined  to  a  keen,  analytic,  and  f u-- 
^  ightc'd  intellect.  Given  the  course  his  mildness  and 
strength  of  mind  dictated,  and  the  end  was  clt.'ai" 
from  the  beginning. 

He  was  by  far  the  deepest  thinker  of  them  all. 
Though  elegant  to  preciseness  in  his  literary  composi- 
tion, he  was  as  ready  to  display  his  own  weaknesses 
u.i  tlu;  kindly  Horace  or  the  hitter's  great  imitate ir, 
Thackei'MV.  Dempster  was  chairman  of  the  committee 
on  constitution  and  by-laws;  and  the  able  addi'ess  of 
the  executive  to  the  general  committee  on  the  1in;d 
(lisbandnient  was  written  chieil}"  by  him,  Mr  Smiley 
lending  valuable  assistance. 

If  vou  havi!  somethinii'  to  be  done,  mvc  it  to  tin* 
l)usv  man;  do  not  mxe  it  to  the  man  of  leisure.  ]>v 
denT(H!s  the  cause  rested  more  and  more  heavily  on 
])emj)ster's  shoulders,  just  as  every  responsil>ility  in- 
cident to  Iniman  aftaii-s  will  shift  itself  from  ouv.  to 
anotlier  until  it  linds  the  iittest  support;  so  that  the 


TRUETT  AND  TRUHTT. 


123 


btrusi 


vo- 


[css  than 
the  per- 
teii  iiioi'o 
.Tsnasive 
tiiiichiiiLf 
utv,  and 

l)l()\VS  of 

owor  l)f- 
uiiloosrd 
lethcr  ill 
y  of  tilt; 
!  is  sure 
s  of  h'^S 

irongh  a 
1(1  tossed 
)  find  iii- 
'  at  oiK't! 

and  f;ir- 
ncss  and 

IS    clear 

hem  all. 
L'oiuposi- 
akn  esses 
mitatttr, 
iniiiittce 

I'eSS  el' 

the  liiial 
Smiley 


■-¥ 


natural  shrinking  from  prominence  in  affairs  which 
chaiacterizcd  his  first  appearance  gradual!}'  wore 
awiw,  and  day  by  day  his  influence  seemed  to 
hioadeii.  Xo  man  had  clearer  or  more  direct  concej)- 
tiuiis  of  the  rights  and  duties  of  citizens  of  a  connnon- 
wealtli  to  themselves  and  to  each  other;  and  it  was 
wlicii  aroused  by  a  sense  of  wrong  committed  tliat 
he  was  strongest,  most  positive,  and  most  efficient. 
Then  the  absence  of  physical  vigor  was  lost  sight  of, 
and  liis  companions  saw,  and  society  felt,  only  the 
nii^litinoss  of  his  mind.  Day  by  day,  as  fresh  duties 
were  laid  upon  him,  he  grew;  his  labors,  except  in 
jihysieal  application,  fertilizing  his  abilities. 


Side  l)y  side  with  Ce.i  ^an  and  Dempster  stood 
Trut'tt,  and  Farwell,  and  Crary,  and  J3ows,  and 
Smiley,  and  others,  superior  in  some  (|ualities,  in- 
i'eiioi-  in  others.  Truett  and  Truett  were  among  the 
loading  merchants  of  the  city  in  wealth,  position,  and 
tiade.  They  were  not  exactly  brothers  Checryhle ; 
iMiors  F.  Truett  was  vigilance  and  H.  B.  Truett 
rather  inclined  toward  knv  and  order.  The  ioiinei' 
was  somewhat  southern  in  his  proclivities,  the  hitter 
northern;  the  former  did  not  rccognize  the  dm'li>, 
the  latter  did.  Mr  Truett,  by  which  designation  Yiv 
Mills  F.  Truett  is  always  P'.aant.  \UiS  at  one  time  the 
hest  business  man  on  Front  stre^  {.  He  was  afraid 
(if  nothing;  a  man  of  iron,  nn  vat'y  and  phj'sically. 
Two  heavy  muscular  teamsier  '  v.  ..Te  one  day  fighting 
on  the  street,  when  Truett  canie  along  and  seizing 
eaeh  hy  the  collar  held  them  otf  a  r' .iTs -length,  i\A 
the  school-master  separates  pugilistic  })upi]s. 

In  the  trial  of  Terry,  the  chief  justice,  before  the 
Coniniittee,  wdiich  will  be  presented  in  due  time,  Truett 
wasapj)ointed  to  defend  him;  and  so  interested  in  the 
misoner's  fate  did  be  become,  so  unremitting^  in  his 
lahors  as  advocate,  that  son  j  buUevcd,  and  openly 
alleged,  that  ho  had  forgotten  Ms  duty  as  Committee- 
man, and  was,  indeed,  lost  to  \.v-    •  ausc.    Says  one  of 


126 


TITE  JiXECUTIVE  COMMITTEE  OP  ISoG, 


«!!-'• 


my  dictations :  "  I  think  he  is  a  man  not  to  be  depended 
uporx.  There  were  two  or  three  men  who,  I  am  satis- 
fied, used  to  tell  the  secrets  of  the  Committee.  Things 
would  get  out  in  a  few  hours.  I  think  Truett  was  one 
of  them;  another  I  think  was  Dr  Rogers.  He  was 
a  great  friend  of  Boutwell,  the  commander  of  the 
Adanifi"  and  so  on  to  still  more  serious  charges.  But 
I  am  of  the  opinion  that  such  belief,  expressed  by  a 
member  of  the  Executive  above  the  suspicion  of  de- 
faming jealousy,  else  I  would  not  give  it,  arises  from 
a  simple  misapprehension  of  character.  Mr  Truett's 
enthusiasm  partook  of  the  chivalr  i^i. ,  and  the  depth 
of  feeling  evinced  when  the  defenc  human  life 

was  placed  in  his  hands  speaks  louder  i  a  words  the 
praise  of  his  honesty  and  humanity. 

Captain  James  D.  Farwell  arrived  in  California 
from  Maine  by  way  of  Panamd  in  the  spring  of  1850, 
having  shipped  round  Cape  Horn  the  autumn  previous 
the  river  steamboat  Tehama.  He  was  a  member  of 
the  first  Vigilance  Committee,  the  safe -stealing  l^y 
Jenkins  occurring  very  near  his  store.  One  of  his 
first  exploits  in  the  second  Committee  was  the  taking 
of  two  field-pieces  from  the  California  Guard,  to  which 
duty  he  was  detailed. 

He  was  a  man  of  homely  integrity,  of  single  direct- 
ness of  thought,  stubborn  in  his  sense  of  duty,  and 
conscientious  as  before  a  power  greater  than  that  which 
threatens.  One  cannot  be  in  the  presence  of  this  man 
long  before  one  is  satisfied  that  it  would  be  as  impos- 
sible for  him  to  think  or  act  in  any  cause  for  eft'cct, 
for  praise,  for  any  sinister  end,  as  for  the  earth  to  leave 
its  orbit. 

He  is  made  honest;  he  cannot  help  it.  Of  all  men 
he  is  one  of  the  most  conservative,  in  business,  in 
m«rals,  in  fashion.  His  brain  of  toughest  texture,  of 
practical  convolutions,  unpolished  by  hypocrisy  and  de- 
ceit, is  the  last  place  where  one  would  look  for  loose  or 
licentious  ideas  of  good  citizenship.  Hard  in  its  com- 
mon-sense, more  adamantine  still  in  its  conscientious 


f 


FARWELL,  DOWS,  CRARY. 


127 


impos- 
r  eftbct, 
;o  leiivo 


pense  of  duty,  it  is  the  last  place  one  would  look  for 
sclrisli  ambition  or  lurking  designs  on  the  welfare  of 
tlic  city.  Listen  to  him  on  the  subject  of  his  motive 
in  joining  the  Committee: 

"I  went  into  that  Committee  with  as  earnest  a 
sense  (jf  duty  as  ever  I  embarked  in  anything  in  my 
lite,"  he  writes  in  his  narrative.  "I  went  into  it  as 
a  religious  duty  to  society,  although  I  knew  I  was 
going  antagonistic  to  the  law  of  my  city  and  state, 
w  hieh  every  good  American  looks  upon  with  a  great 
dial  of  dread,  certainly.  After  embarking  in  it,  as  I 
(lid,  with  my  whole  soul  and  determination  to  purge 
the  city  of  these  abominations,  I  and  my  compu'ilons 
of  the  executive  committee  also,  to  a  man,  were 
o-owrned  by  the  ])urest  motives.  We  sunk  individual 
self  entirely;  and  our  only  object  was  to  save  the 
lives  and  property  of  the  community." 

Farwell  was  particularly  efficient  in  marine  matters. 
His  courage  was  accompanied  by  that  chivalric  bear- 
ing wliicli  works  even  on  an  enemy,  and  that  stubborn 
eneigy  which  pauses  at  nothing  short  of  success.  He 
was  the  commodore  of  the  organization,  as  to  him 
were  intru  ted  the  little  naval  expeditions  incident  to 
the  canipaign.  He  it  was  who  chiefly  managed  the 
jii'e|)arations  to  take  care  of  Mr  Boutwell  of  the  United 
States  slii})  John  Adams,  in  case  of  need,  of  which 
full  particulars  will  be  given  in  due  time. 

James  Dows  was  one  whose  intellect  and  capabil- 
ities developed  with  the  rapid  evolution  of  the  time. 
He  was  the  John  Randolph  of  the  inovement;  thougli 
in  rough-and-readiness  he  might  be  likened  to  Zachary 
Taylor,  in  strange  and  blasphemous  diction  to  An- 
drew Jackson,  while  his  rich  humor,  his  tall,  gaunt 
form,  unswerving  truth,  and  homely,  straightforward 
honesty  were  not  unlike  those  of  Abraham  Lincoln. 
Though  his  sound  sense  bristled  with  eccentricities 
and  his  far-sighted  judgment  was  striped  with  oddi- 
ties, whenever  he  chose  to  speak,  which  was  often 
and  loud,  he  did  not  lack  for  hearers.    His  voice  was 


128 


THE  EXECUTIVE  COMMITTEE  OF  ISoG. 


a^ ' 


kI 


mii 


al\va3's  on  the  side  of  right;  and  his  sarcasm  was  a 
scourjjfc  to  evil-doers. 

Ohvor  B.  Crary  was  a  man  of  plain  persistent 
honesty  and  single-hearted  directness  in  si)eecli  an  I 
behavior.  Declining  the  position  of  captain  of  hi^ 
company,  known  in  the  annals  of  the  epoch  as  tin; 
'  Bloody  Seventh,'  he  accepted  the  post  of  first  lieiitL-;!- 
ant,  and  so  served  to  the  end  of  the  ever  menioial do 
week  at  which  our  narrative  is  now  resting.  Soon 
after  the  organization  of  the  military  the  Seventh  ami 
Seventeenth  companies  were  merged  into  one,  with 
George  Hossefross  as  captain.  This  man  was  some- 
what rough  in  reputation  if  not  in  reality;  he  luul 
been  fireman  and  militiaman,  and  as  such  his  ex]»i- 
rience  was  of  some  value,  so  that  notwithstandiii.;- 
these  were  not  the  professions  which  most  delight.;! 
the  qualification  committee,  especially  when  the  i'.j!- 
plicant's  breath  was  odorous  with  polities,  he  was  a;l- 
mitted  and  given,  greatly  to  his  delight,  command  of 
the  Bloody  Seventh. 

On  one  particular  night,  when  deep  designs  weio 
afloat,  officers  alone  were  permitted  to  stand  guard  ;it 
the  Committee  rooms.  Hossefross  was  officer  of  tln' 
guard.  The  Bloody  Seventh,  the  Freneh  Legion,  ami 
the  Citizens'  Guard  under  Captain  Ellis,  comprisL.l 
the  '^uard. 

ii.>ssefross  stationed  his  lieutenant,  Crary,  at  the 
door  of  the  Executive  Committee,  with  instruc- 
tions to  let  no  man  pass  either  way  without  special 
orders.  That  was  Crary's  post  until  twelve  o'clock. 
He  had  not  been  long  on  duty  when  Farwell,  who 
was  in  the  room,  attempted  to  pass  out.  Up  went 
Crary's  gun,  which  was  a  Sharp  rifle,  and  the  august 
inquisitor  was  brought  to  a  stand. 

"Take  care,  Crary!"  exclaimed  Farwell,  motioning' 
aside  the  murderous  weapon.  "You  know  me  well 
enough;  I  am  in  haste  and  must  go  out." 

"I  know  no  man  here  I"  was  Crary's  reply. 

Farwell  was  obliged  to  retire.    When  he  returned, 


COLE,  SMILEY,  JESRT'P. 


139 


was  a 


went 
lugust 


llOniUL!," 

Ig  well 


irucd, 


\\]uch  was  shortly  afterward,  he  had  the  pleasure 
of  informing  Crary  that  he  was  relieved  from  duty, 
iind  I'mthoi'more  that  he  was  a  member,  that  moment 
elected,  of  the  Executive  Committee. 

I  )r  II.  Beverly  Cole,  surgeon-general  of  the  Com- 
mittee, displayed  not  only  public  sjjirit  and  enthusiasm 
ill  the  cause  of  right,  but  seemed  ready  to  lay  aside 
<'\eii  those  narrowing  professional  prejudices  which, 
niider  the  name  of  professional  etiquette,  seem  so 
reiKJy  to  sacrifice  the  comfort,  and  even  the  life,  of 
tlie  patient  to  the  jealousy  of  form  or  the  caprice 
of  feeliny'.  J3r  Cole  was  amonijj  the  most  active  in  his 
eiforts  to  consolidate  the  medical  talent  in  the  Com- 
mittee; but  this  failing,  ho  ever  held  himself  ready  to 
I'espond  to  any  call  which  might  be  made  upon  him. 
It  w.is  he  Avho  was  first  at  King's  bedside,  who  at- 
tended stricken  Vigilants,  and  who  watched  the  life- 
vani^liings  of  the  executed.  During  the  four  months 
el'  active  operation  he  kept  in  his  stable  a  horse 
saddle(l  day  and  night,  that  he  might  the  more 
pioinptly  respond  to  the  vigilance  signal. 

Tall,  strong,  straight  as  a  pine,  with  a  piercing 
Mack  eye  antl  a  pronounced  manner,  Thomas  J.  L. 
Smiley  was  as  active  as  he  was  Ijold  and  successful. 
1  )in  ing  the  last  month  of  the  organization,  particularly 
alter  having  been  elected  vice-president,  he  proved  a 
line  executive  officer,  and  was  of  great  service  to  the 
association  up  to  its  close.  Mr  Smiley  was  one  of 
the  lew  who  began  at  the  l)eginning  and  continued  to 
Ihe  end;  who  promptly  responded  to  the  first  tap  of 
the  hell  on  the  night  of  the  lOth  of  June  KS.VI,  and 
continued  to  grow  in  efficiency  and  inliuence  up  to  the 
liiial  demonstration,  the  18th  of  August  IHoO.  Ho 
^vas  oil  the  war  committee  part  of  the  time,  and  in 
till'  grandest  achievement  of  the  crusade;  he  was 
si-'coiid  to  none  in  activity  and  bravery.  Scourinir  the 
town  at  the  head  of  a  chosen  company,  hunting  the 
'  iiciiiv  in  their  retreat,  seizing  and  brin^nni;  them  to 
lK'a(l-(piai-ters  when  found,  ho  felt  like  one  in  battle, 

Top.  TniD.,  Vol.  II.    9 


.it    ■■    !.-! 


'. . " 


:;;i:  ^:  . 


M 


!:'l.,\. 


130 


THE  EXECUTIVE  COMMITTEE  OF  ISoG. 


lie  said — all  thought  of  danger  being  lost  in  tlie 
couraixe  of  animal  excitement.  In  his  dealings  with 
prisoners  he  was  always  on  the  side  of  kindness  wluu 
kindness  did  not  interfere  with  dut}'.  "  Tom  Smiley," 
sa^'s  a  member  of  the  Executive  in  his  dictation,  "was 
very  iniluential,  very  active  and  useful,  though  not  (»!' 
very  good  judgment." 

And  again,  "Smiley  I  don't  think  had  a  w'ell  bal- 
anced mind;  talked  a  great  deal,  was  very  excitable, 
but  ready  and  prompt  to  carry  out  any  measure  the 
Connnittee  thought  necessary."  The  opinions  dt" 
strong-minded,  independent,  brusque  associates,  how- 
ever, when  expressed  of  each  other,  should  always  he 
taken  with  allowance. 

Mr  Gillespie  did  a  largo  amount  of  valuable  work 
in  his  position  as  chairman  of  the  committee  on  evi- 
dence, and  it  was  of  that  kind  which  made  but  little 
dis[)Iay.  Of  striking  physique,  with  fine  intellectual 
features,  and  an  affable  and  polite  demeanor,  many  of 
his  liard-thinking  and  rough-working  associates  re- 
garded him  in  the  light  of  a  pleasant,  inoffensive  gen- 
tleman, of  no  pronounced  opinion  or  ability.  But  his 
labor  consisted  of  quiet  researches  and  secret  investi- 
gations rather  than  brilliant  displays  of  skill  or  leaiii- 
ing,  and  as  it  was  usually  performed  alone,  his  neaivst 
neighbor  knew  not  the  extent  of  it. 

lliehard  M.  Jessup  labored  side  by  side  w^ith  ]\rr 
Coleman  in  more  perfect  harmony,  perhaps,  than  any 
other  member.  And  while  in  unison  with  him  in  pur- 
pose and  in  action,  he  was  ready  to  waive  the  honors; 
so  that,  being  a  man  of  marked  respectability  in  the 
conniiunity,  he  was  enabled  to  render  the  cause  much 
assistance.  Toward  the  latter  part  of  the  rq/iinc  he 
became  infected  with  politics  and  retired  from  the 
Connnittee. 

The  duties  and  responsibilities  of  Secretary  Bluxonio 
were  very  different  in  the  second  Committee  from 
those  of  the  first.  Counsellor  as  well  as  scribe,  cus- 
todian of  the  archives  as  well  as  of  all  the  unwritten 


I 


'■■'.« 


BLUXOME,  BRITTAN,  (lODDARD. 


131 


secrets  of  the  association,  ho  served  this  his  second 
Ioul;"  term  with  a  steady  patience  which  phices  him 
second  to  none  in  point  uf  patriotism  of  the  pure  an<l 
unsc'liish  (juality. 

,T.  W.  Brittan  was  a  good  man;  not  so  profound  as 
Dempster,  nor  so  practical  as  Coleman,  nor  yet  so 
im[)iilsive  as  Truett,  but  cool,  firm,  and  unimpassioned 
almost  as  stone.  Like  Jcssup,  he  was  a  devout  I'ol- 
]i)\\\'V  of  the  president,  evincing,  as  Coleman  says,  "a 
readiness  to  take  any  direction  that  I  might  indicate, 
nlviiig  upon  my  judgment  and  previous  consideration 
Avithout  explanation." 

The  French  element  was  represented  by  Emilo 
(Jrisar,  a  bold,  true  man,  clear-headed,  and  an  able 
thinker  and  speaker  and  ready  worker. 

K.  B.  (xoddard,  the  only  gray-liaired  man  in  the 
IvKeeutive,  was  eminently  conscientious  and  prudent. 
Doctor  l^urke  was  a  patient  and  enthusiastic  worker. 
A.  L.  Tubbs,  F.  W.  Page,  and  W.  H.  Tilhnghast  were 
among  the  best  men  in  the  Committee.  All  these  and 
many  others  did  their  quota  of  work,  took  their  share 
(if  the  responsibility,  and  commended  themselves  to 
the  approval  of  their  associates  and  to  that  of  the 
community. 

Tiien  there  were  fiery  little  George  Ward,  holding 
over  i'rom  the  first  Committee,  and  Tliom})son,  and 
Tilhnghast,  and  many  others — I  cannot  analyze  their 
characters,  all  of  them,  pleasing  as  is  the  task.  "These 
nun,"'  writes  Mr  Dempster,  "and  others,  who  long 
ago  laid  down  to  rest,  and  perhaps  are  almost  i'or- 
gotten  by  the  community  for  which  they  perilled 
mori'  than  life,  were  unconscious  heroes,  instinct  with 
such  love  of  justice  and  the  right,  that  sacrifices  and 
jicrils  encountered  in  the  cause  conferred  oidy  }>lea:  - 
n\v,  and  j)erhaps  scarcely  increased  their  own  sell- 
rcspi'ct.  I  have  never  seen  in  any  other  orjxanizatiou 
with  svhicli  I  have  been  connected  such  general  devo- 
tion to  duty,  such  unselfish  indifierence  to  the  honors 
or  the  praises  which  might  be  obtained,  or  so  little 


.  ':'5|! 


132 


THE  EXECUTIVE  COMMITTEE  OF  IS.^). 


Cli 


B  ;, 


f»f  tliat  jealous  segregation  into  cliques  ami  indulgoii 
in  little  animosities." 

In  all  the  Committee  there  was  no  man  better  fitted 
to  his  place  than  Marshal  Doane,  the  central  figure 
of  the  military.  And  I  doubt  if  in  the  annals  nf 
human  warfare  an  exann)le  can  be  found  of  a  civil- 
ian unexpectedly  called  to  general  three  thousand 
unexpectedly  called  civilians  with  such  a  showing  as 
that  of  the  Sunday  next  after  the  assassination.  It 
was  this  quickness  of  perception  and  adaptability  of 
resources  to  necessity,  the  instantaneous  and  intuitive 
knowledufe  of  cure,  absorbed  as  it  were  from  the 
disease  itself,  that  claims  our  highest  admiration 
throughout  this  entire  movement;  and  in  these  ic- 
spects  none  may  claim  higher  distinction  than  Marslud 
])oane.  Whether  it  was  that  his  success  operated  in 
his  eves  as  a  magnifving  mirror,  leading  to  the  <hs- 
covery  in  himself  of  yet  another  new  and  wcmdeiful 
talent  which  this  flush  of  popularity  alone  could  bring 
t(^  its  unfolding,  or  whether  mercenary  ambition 
marked  him  for  its  own,  I  know  not;  but  much  as  I 
admire  the  man,  much  as  San  Francisco  and  this 
history  are  indebted  to  him  for  beneficial  and  brilliant 
services,  truth  compels  me  to  uncover  his  cliai- 
actei',  and  disclose  the  only  blot  I  find  upon  it,  a 
bl(Jt  of  such  discoloration  that  had  all  the  membois 
<d'  this  f)'aternitv  been  so  tinctured,  or  anv  consider- 
aide  jiortion  of  them,  perdition  would  have  been  the 
c()nse(|Uence. 

Unfortunately,  toward  the  latter  part  of  the  cam- 
paign this  marvellous  organizer  and  truly  worthy  and 
efficient  man  lost  that  singleness  of  purpose  wliieli 
was  tli(!  charm  and  sanctification  of  the  movement. 
Ijecame  selfish,  and  sought  to  prostitute  his  good  work 
and  i)osition  in  the  Connnittee  for  personal  advaintage. 
In  a  word,  he  sold  himself,  his  popularity,  his  good 
name  for  office.  He  was  elected  sheriff  of  the  city 
and  county  of  San  Francisco,  though  not  until  alter 
the  disbandment  of  the  Conmiittec,  and  he  made  an 


DOANE,  OLXF.Y,  CURTIS. 


188 


lliaiit 

fliar- 

it,  a 

;inl)crs 

iisiilor- 

Ml   tllU 


o 

e  city 

after 

Lie  an 


■•I 


I 

1 


cxcLlliiit  officer  This  in  itself  was  not  so  heinous  an 
((Iftuco,  had  he  not  thou^'ht  of  it  while  in  the  Coni- 
luittcc,  and  there  prostituted  liiniself,  his  strength  and 
iullueiice,  to  politics. 

1  (lu  not  say  that  there  were  no  others  of  the  Ex- 
t'culivo  who  were  not  above  usinjL?  the  hearts  of  the 
pe()[)lc  and  the  holiness  of  their  cause  as  the  steppino'- 
stuiie  to  place,  provided  the  office  was  hi<^h  enoULch. 
I  do  not  say  that  there  were  not  those  who  would  n(»t 
have  declined  the  presidency  of  the  United  States  had 
it  been  ofi'ered  them;  but  I  do  say  that  as  a  botly 
lliere  never  before  were  fifty  men  having"  in  their 
hands  the  political  power  wielded  by  these  fifty  who 
laid  it  down  so  <^racefully,  thus  vindicating  iIilIi-  high 
and  holy  integrity  throughout  all  time.  Had  the 
tendency  of  the  Executive  been  sinister,  such  ils  are 
almost  all  bodies  in  any  wise  related  to  our  political 
system,  especially  those*  loud  in  their  professions  of 
disinterested  patriotism  and  public  good,  in  the  })laco 
of  a  moral  revolution  this  would  have  been  a  moral 
rebellion;  instead  of  a  reform  it  would  have  been  a 
riot;  instead  of  vigilance,  the  highest  and  holiest 
principle  of  associated  humanity,  it  would  have  been 
nioboeracy  the  lowest  and  most  [jrofane.  Further 
than  this,  he  who  served  in  this  Committee  and  ac- 
cepted office  in  consequence  of  it,  gave  the  lie  t(^  every 
jirotestation,  and  displayed  the  presence  of  only  the 
shallow  of  a  man. 

^Ir  Coleman  takes  the  right  view  of  it  when  ho 
says:  "While  we  openly  held  and  declared  that  it  was 
ind)econiing  in  any  prominent  member  of  the  Com- 
mittee to  entertain  any  such  ulterior  views,  and  un- 
worthy of  them,  and  unjust  to  the  whole  Connnittee 
ti)  e\  er  afterward  accept  office,  or  directly  or  indirectly 
accept  office  or  gain  of  any  kind  arising  out  of  or 
iVoni  any  of  the  labors  or  the  results  of  the  labors  of 
that  Committee,  yet  it  was  of  course  impossible  to 
bind  or  even  control  wdiat  should  come  after  the  dis- 
solution or  disbandment  of  our  organization,  and  we 


w 


^:l  i 


: 

I' 


4 


\l  V  I 


it 

i'  , 


1S4 


TIIK  EXECUTIVE  COMMITTEE  OF  ISuO. 


could  oiilv  look  to  it  as  best  we  miijjlit  that  while  wo 
were  together  no  power  or  ])Osition  should  be  prosti- 
tuted to  such  end,  so  far  as  lay  within  us  to  discover 
and  })revent  it.  I  never  blamed  Doane  for  accepting' 
office  afterwanl,  or  rather  never  censured  him  with 
any  severity — had  no  ill-feelinyr  about  the  matter.  It 
might  be  considered  rather  a  fine-drawn  assumi)ti<)ii 
on  my  part,  a  su[)erlatively  chivalric  view  of  the 
matter,  without  a  right  to  expect  so  much;  but  still 
I  sincerely  regretted  the  fact  of  his  or  any  other  [iroiu- 
inent  member  accepting  any  office  of  profit,  because 
we  really  undertook  the  work  without  a  selfish  end  di' 
aim  in  view,  and  the  large  body  strictly,  rigidly,  and 
tenaciously  held  to  tliat  view,  and  to  that  rule  df 
action,  and  it  was  one  of  the  sources  of  our  chiefcst 
i»ride  that  we  could  truly  say  that  all  we  did  was  I'oi 
the  g(jod  of  society,  and  of  morality,  and  that  we  gave 
our  time,  eftbrts,  and  money,  and  risked  all  that  wv 
had  in  the  world  without  ever  having  any  share  in  tln' 
results,  directly  or  indirectly,  not  held  by  those  wlio 
were  least  connected  with  and  farthest  removed  from 
any  participation  in  our  operations." 

Under  l)oane  was  a  score  as  good  officers,  as 
gallant,  brave,  and  devoted  men  as  ever  drew  blade 
for  the  right,  among  whom  were  Olney,  Ellis,  Curtis, 
Pinto,  Johns,  Ebbitts,  Lippitt,  and  Bartlett.  Tlic 
whole  rank  and  file  were  composed  of  men  seldom  sccii 
]  (laying  soldier,  and  though  many  of  them  had  never 
before  shouldered  a  nmsket,  such  were  their  intelli- 
gence and  zeal  that  a  few  days'  vigorous  and  atten- 
tive drill  was  sufficient  to  make  of  them  efficient 
men-killers. 

Many  served  in  the  ranks  as  common  soldiers  who 
would  not  accept  seats  in  the  Executive  though  enti- 
tled thereto  in  every  respect  by  wealth,  inteliigeiiee, 
and  respectability.  Of  such  was  Thomas  H.  Selhy, 
a  merchant  of  the  Coleman  stamp,  true  and  puie  as 
the  all-regulating  sun,  afterward  mayor  of  San  Fran- 
cisco, and  in  all  his  relations,  private  and  social,  bey<,)nd 


R  RANKS. 


inj 


i]\v  suspicion  of  repi'oiicli.  Of  siicli  wore  JiAm  (). 
Karl,  Saimu'l  Souk',  (Jcorije  li.  Howard,  Charli's  11, 
Stoiy.  S.  J?.  Wc'hh,  W.  \V.  :>rontaguc',  H.  S.  (iates, 
and  a  tli(tusaiid  otlu^rs. 

Many  more  there  were  wliose  names  witli  e(jual 
[iiiipriety  I  mi'^lit  mention;  l)iit  enouLjh,  I  ti'ust,  lias 
Ik  III  ^^iven  to  enable  tlie  reader  to  form  a  just  eoncep- 
tidii  of  the  charaeter  and  quality  of  the  Executive 
Coniniittee.  In  every  association,  even  of  aide  men, 
iIk  ic  are  some  who  fail  in  that  elficien<'y  which  com- 
mands admiration;  and  this  not  through  lack  of  cn- 
tlmsiasm,  or  even  necessarily  of  ability,  for  such  may 
l)e  ill-litted  to  duties  or  hanii)ered  in  the  dischai'iLje  of 
ihcm.  Able  men  are  not  all  equally  able  in  dirterent 
di'paitments  of  usefulness.  There  is  as  much  j^enius  dis- 
played in  adjustinj^  character  and  talents  to  the  work  to 
1)0  performed  as  in  the  jjerformance  of  a  great  work. 

There  were  in  the  Executive  Conmiittee  two  distinct 
cliiiH'iits,  the  only  abstract  principles  which  at  any 
lime  divi''  the  members  of  the  association  or  any 
(iiminitte  the    association.      Indeed    j)olitics,   re- 

ligion, morality,  and  all  the  great  questions  aifecting 
society  being  strictly  eschewed,  all  except  the  one 
(;ivat  question  of  crime  and  its  punishment,  there 
was  really  nothing  else  to  divide  u[)on  than  simply 
as  to  tlie  intensity  of  the  reform.  "In  a  body  of  that 
hind,"  says  one  of  the  Executive,  "there  are  cer- 
tain always  ready  to  hang  any  man;  and  half  a  dozen 
have  to  be  restraining  the  hot-headed  portion."  There 
was  the  radieal  clement  and  the  conservative  element, 
the  foi-mer  in  favor  of  inflicting  extreme  punishment 
on  all  offenders  without  too  careful  inquiry  into  tlu; 
nature  and  extent  of  guilt  and  the  legal  penalty  at- 
tached to  it,  the  other  taking  no  ste])  except  aftei-  th(! 
most  careful  consideration,  and  iiiilicting  no  penalty 
h 'Vond  that  applied  by  law,  and  that  only  af'tei;  the 
guilt  of  the  criminal  was  established  beyond  a  pei'ad- 
Ni'iitnre.  Fortunately  the  conservatives  were  .sufli- 
cifiitly  in  the  majority  to  hold  the  otherii  in  check, 


136 


THE  EXECUTIVE  COMMITTEE  OF  1856. 


otlicrwise  their  bark  would  have  split  upon  the  rocks 
before  well  outside  the  harbor. 

The  leaders  of  the  Committee  found  that  they  had 
undertaken  a  task  which  taxed  their  utmost  wisdom 
and  enerj^y;  but  they  appear  never  to  have  faltered 
in  council,  never  to  have  hesitated  in  the  field. 
Throughout  all  their  trials,  their  perils,  their  tempta- 
tions to  excess  in  the  use  of  almost  unlimited  power, 
their  associates  lionored  them  with  unswerving  faith 
and  an  adherence  which  deserved  the  triumphant 
success  that  finally  crowned  their  efforts;  a  success, 
however,  won  only  after  a  struggle  between  the  forces 
of  the  Committee  and  the  civil  and  military  powers 
which  at  one  time  had  well  nigh  assumed  the  pro])or- 
tions  of  a  revolution. 

Under  their  auspices  an  extraordinary  and  complete 
system  of  police  Avith  magical  celerity  sprang  into 
existence  over  the  entire  country.  In  tracking  crime 
their  scent  was  sure,  their  aim  unerring.  They  under- 
took nothing  that  they  did  not  execute;  they  made 
no  mistakes  in  their  arrests  and  executions.  No  in- 
nocent man  suffered  at  their  hands.  Prudence  and. 
motleration  characterized  their  conflict  with  crime 
on  the  one  side  and  law  on  the  other.  Four  only 
of  the  worst  criminals  the  San  Francisco  Com- 
mittee exterminated,  the  rest  they  drove  from  tlie 
country — an  almost  bloodless  victory  when  we  con- 
sider the  result  accomplished.  Posterity  will  rise 
in  homage  to  the  majesty  of  mind  displayed  on  these 
occasions. 

"They  manifested  a  marvellous  power  to  contiol 
excited  multitudes,  to  develop  their  capacities,  and 
turn  their  enerjjfies  into  channels  of  action,"  savs  Mr 
Denipstei',  who,  though  he  was  one  of  them,  saw 
further  into  them,  into  their  nature  and  design,  into 
their  little  andjitions  and  their  large  unseliishness, 
than  any  otlicr.  Tiie^-  had  no  tinu;  for  long  discis- 
sions on  t!ie  saci'edne:is  of  law.  "Some  ([/.eslions  will 
improve  by  keeping"  with  j)anicl  \Vcb;;toi'  they  used 


AS  A  BODY. 


137 


to  s;iv.  The  London  Times  asserted  of  them,  after 
tlitir  work  was  done,  that  they  had  shown  sufficient 
uliilitv  to  found  a  state  or<(anization,  a  nation,  if  cir- 
cumstances had  demanded  its  exercise. 

Stolid  [)hysical  bravery  most  of  them  possessed, 
souic  in  a  remarkable  degree.  At  the  thundering'  at 
once  of  a  hundred  Sinais  I  should  not  expect  to  see 
theiii  (luail.  But  far  above  and  inmieasurably  superior 
ill  its  texture  to  their  physical  courage  was  their  high 
iiior.il  courage.  It  needed  nerve  for  the  most  law- 
al)i(liiig  of  men  to  break  the  law,  to  arraign  the  law  antl 
jtlacu  it  on  trial  for  dereliction  of  duty,  to  incarcerate 
iuul  try  for  his  life  the  highest  judicial  official,  to  seize 
and  hold  with  a  grasp  of  iron  the  state  government, 
and  respectfully  to  warn  off  federal  authority.  For 
those  to  do  this  who  had  honor,  households,  re[)uta- 
tidii.  wealth,  love  of  God,  and  love  of  country  at 
stake,  I  say  called  up  a  courage  superior  to  that  of 
the  sava'jfc  who  taunts  his  torturing  enemy  or  of  the 
fanatic  who  to  win  heaven  submits  his  body  to  the 
flames. 

As  time  and  events  manifested  conclusively  that 
tlie  ( 'ommittee  desired  the  public  good  and  not  jirivate 
or  individual  advantage,  public  o[)inion  ranged  itself 
on  their  side;  and  before  they  voluntarily  resigned 
\\\v  jtower  which  ap})eared  resistless,  and  disbanded 
their  forces,  a  strong  majority  of  the  people  of  Cali- 
f  •inia  .sympathized  with  their  efforts  and  rejoiced  in 
their  success. 

Though  theirs  was  the  amplest  influence,  as  a  rule 
they  were  free  from  and>ition's  crime;  moderate,  reso- 
lute, the  strongest  were  the  least  jiretending,  being 
no  less  wise  in  council  than  eflicient  in  action.  Theirs 
was  the  wisdom  of  common-sense;  theirs  the  great- 
ness of  sim[»licity.  All  the  people  knew  them,  and 
hi'lieved  in  them,  believed  them  to  bo  outside  the  pool 
of  Itiaiii-fuddliiiijf  forms,  knew  them  as  men  of  iron 
will  and  iron  nerve,  true  to  themselves  and  to  occasion. 
It  M  euied  that  almost  on  the  instant  circumstance.-i 


138 


THE  EXECUTIVE  COMMITTEE  OF  1S56. 


!,l 


had  ])urged  them  of  their  traditional  superstitions,  ovon 
as  Theodorus,  Rabelais'  royal  physician,  who,  to  ciucj 
Gargantua  of  the  wickedness  of  his  lieart  and  the  ))er- 
versity  of  his  brain,  purged  him  canonically,  so  that 
he  might  forget  all  he  had  learned  from  other  teaclici  s. 

While  rigidly  restricting  themselves  in  the  exercise 
of  the  power  assumed,  the  leaders  of  the  movenunt 
sought  by  every  means  in  their  power  to  impress 
upon  their  followers  that  the  great  duty  of  the  organ- 
ization was  to  execute  the  spirit  of  the  laws  which 
had  so  long  been  defied;  that  the  existence  of  thi; 
Committee  sprang  from  a  universal  determination 
that  these  should  thenceforth  be  enforced,  anil  that 
their  duties  must  be  limited  to  a  dispassionate  and 
impartial  outpouring  of  the  essence  of  law  wliich 
might  not  be  dissipated  by  suicidal  adherence  to 
form,  when  it  was  foutid  that  such  action  defeated 
that  protection  of  life,  liberty,  and  property  which 
law  is  established  to  maintain. 

The  acts  of  the  executive  committee  were  singu- 
larly free  from  blunders.  I  search  in  vain  for  one 
serious  error  of  judgment,  or  for  a  signal  failuri'  in 
tlie  attempted  execution  of  their  purpose.  From 
their  orijanization  to  their  disbandment,  wisdom,  cooh 
ness,  and  courage  characterized  all  their  actions. 

It  is  easy  to  magnify  motives  which  actuate  either 
good  or  evil  results.  Always  I  strive  to  deliver  my- 
self from  this  i^ropensity.  And  yet  it  seems  to  mo 
that  the  candid  observer  of  heroic  actions  which  illu- 
mine the  highways  of  history  fails  to  discovei"  higlur 
or  purer  considerations  than  those  which  governed 
these  men.  The  lust  of  jjower  was  not  apparent; 
for  what  is  power  where  identity  is  lost?  lloimr; 
They  shrank  from  it,  and  swore  to  each  other  a  solemn 
oath  that  their  deeds  should  be  secret.  Wealth  ( 
Their  labors  cost  them  much  time  and  money,  M'itli  im 
hope  of  any  return,  not  participated  in  by  the  hunihli>t 
citizen,  unless,  indeed,  it  should  be  in  the  shape  (d'  the 
anathemas  of  those  who  opposed  them.     I  sei;  n<i- 


QUALITIES  OF  PATRIOTISM. 


139 


tions,  even 
lo,  to  euro 
nd  the  \n:v- 
ly,  so  tluit 
)r  teachcis. 
he  exerclsu 
movement 
to  impn-'ss 
the  orL,nui- 
laws  Av hi  I'll 
iiicc  of  the 
termination 
\,  aiul  that 
sitmate  ami 
huv   which 
Iherenc-c  tn 
m  defeated 
(crty  whieh 


\vhcrc  in  history,  I  say,  greater  unselfislincss.  You 
(hi  not  find  it  in  religion,  iu  missionary  enterprise,  iu 
uiiv  kind  of  proselytism.  All  religion,  even  that  of 
the  meek  and  lowly  Jesus,  is  based  upon  selfishness: 
J)()  good  and  receive  the  reward.  Patriotism,  wliich 
(overs  hypocrisy,  is  the  lowest  form  of  selfishness; 
The  open  and  honest  money-maker  is  a  nobleman 
heside  him  who  plays  upon  the  unselfish  instincts  of 
his  fellows  for  his  own  selfishness. 

Patriots,  indeed !  I  would  not  insult  tiiese  men  by 
calling  them  patriots.  What  is  a  patriot?  One  who 
loves  himself  supremely,  and  his  countr}''  a  little  be- 
cause he  happened  to  be  born  in  it.  One  who  in 
SI  eking  public  favor  seeks  not  the  ])ublic  go<)<l,  but 
lago-like,  himself.  Patriotism  is  but  a  reflex  form  of 
self-love.  The  Frenchman  loves  himself  and  Franco. 
To  liim  art,  science,  and  literature  are  French.  Great 
ir^en  are  Frenchmen,  great  thoughts  and  learning  are 
French  thousxhts  and  French  learning.  Blot  from 
the  earth  Paris,  and  from  the  earth  civilization  is 
hhttted;  sink  France,  and  there  is  no  world  left.  The 
(iernian  hates  Frenchmen  and  France,  but  loves 
(lermans  and  Germany.  His  tall:  is  of  Germany, 
hei'  unity,  her  philosophy,  her  science,  churcli,  and 
; M'niy;  and  so  on.  The  purity  of  ])urpose,  the  holy 
and  unselfish  considerations  which  urged  forward 
t!nse  men  of  vigilance,  were  as  mucji  sujunior  to  what 
is  commonly  called  patriotism  as  is  Christ  superior 
to  Helial.  Socrates  says  a  wise  man  kee])s  out  of 
]iul)li('  business.  There  were  some  as  wise  as  Socrates 
in  the  ]']xecutivc  Committee.  They  now  held  power, 
hut  it  was  only  in  trust.  Mciisiird  Juris  vis  crat. 
This  they  believed,  that  jtower  was  the  measure  of 
vi'^lit,  and  that  it  was  not  their  own  but  the  people's. 
Maitvrs  are  made  of  touijh  fibre. 

Here  was  true  nobilitv,  true  o'odliness,  true  manli- 
ncss.  Throughout  their  whole  life,  long  after  a  knowl- 
edge of  their  secrets  ceased  to  exi)ose  them  to  any  risk, 
and  when  amonuf  their  fellow-citizens  it  was  counted 


140 


THE  EXECUTIVE  COMMITTEE  OF  1856. 


an  honor  to  have  been  ranked  among  the  number, 
each  seemed  to  shrink  from  prominence  in  the  affair, 
or  to  take  to  himself  any  special  credit  for  any  special 
act.  "No,"  each  spoke  for  himself,  "I  was  but  oiu,' 
in  the  great  assembly,  and  I  will  not  do  hundreds  in- 
justice by  arrogating  to  myself  credit,  or  appearing 
more  conspicuous  than  they,  before  the  world." 

Coleman,  Dempster,  TruettI  and  the  rest,  long  may 
your  memories  be  fragrant  in  the  hearts  of  Califor- 
nians;  long  may  your  names  be  held  in  grateful  re- 
membrance by  generations  to  come!  As .  gold  to 
dross,  in  the  evolutions  of  refining  civilization  your 
})ure  purposes  shall  stand  beside  the  so-called  patriot- 
ism of  selfish  statesmen;  as  glorious  sunlight  to  sombn.' 
night,  beside  the  piety  of  cant,  the  record  of  3'our 
deeds  shall  shed  their  radiance,  blessing  your  children 
and  your  children's  children  till  day  and  night  are 
one! 


,,  ■  ijk 


Lni 


CHAPTER  VIII. 


THE  LAW  AND  ORDER  PARTY. 


A  li'iig  train  of  these  practices  has  at  length  unwillingly  convinced  me 
t!i;it  thi  re  is  something  beliind  the  throne  greater  tlian  the  king  Iiimself. 

Wittium  I'lU. 

Thk  term  Lav  and  Order  Party  is  often  applied  to 
(ipposers  <jf  Popular  Tribunals  throui^hout  this  work. 
It  may  be  well  more  clearly  to  define  the  term  as 
1  ( I'ciii  used,  and  also  the  character  of  the  persons 
cMiuposini^  it. 

The  jiarty  is  never  a  palpable  organization  like  the 
\'iL;iliUiee  Committee;  it  is  seldom  an  association; 
yet  t]ie  anteposition,  which  commonly  takes  upon 
itself  tliis  name,  is  always  present  wherever  there  is 
a  [lepular  tribunal.  It  is  the  natural  enemy  of  any 
ilea  »)i  principle  not  measured  by  stereotyped  forms. 
Ill  the  assumption  of  this  name  it  im})lies  that  its 
iiieiiihers  l>elievc  in  and  conform  their  coiuhict,  whatso- 
1  \(i'  the  emergency,  strictly  to  the  existing  laws,  and 
that  by  so  doing  alone  can  order  be  maintained  in  the 
<  'iiiiminity.  Per  contra,  popular  tribunals,  l)y  breaking 
the  law,  engender  only  disorder.  This  position  is 
-tnutly  maintained;  as  to  the  honesty  and  intelligence 
"f  those  so  holding,  I  leave  it  to  the  reader  of  these 
pages  to  judge. 

I»ut  before  questioning  the  sincerity  or  wisdom  of 
those  who  style  themselves  ])romoters  of  law  and 
iiiiler  jxir  turrllern'f,  let  us  glance  for  a  moment  at 
tlh'  /xfsiinnti  of  the  respective  parties. 

(oiiimittees  of  vigilance  were  formed  for  the  most 
I'lit  of  men  of  substance  and    character,  of  those 

(1") 


142 


THE  LAW  AXD  ORDER  PARTY. 


'  >;.! 


U :  ?- 


lia\nng  some  stake  in  the  coiiiinonwcalth.  They  were 
men  of  property,  of  family:  merchants,  meclianics, 
farmers,  miners — workinnincn  all.  In  their  ranks 
were  I'oimd  producers,  who  by  the  labor  of  their  hand  ; 
feed  the  world;  those  of  industrial  and  commerci.,1 
pursuits,  who  by  their  brain  build  cities  and  drive 
forward  civilization.  This  is  the  class  upon  which 
crime  i)reys;  this  is  the  class  which  must  support  nut 
only  the  criminals  themselves,  but  courts  and  their 
satellites  tolerated  for  thv.  suppression  of  crime.  ¥)( »iii 
this  class  governors,  legislators,  and  judges  draw  theii- 
pay;  from  this  class  corrupt  officials  steal.  Criiiio 
fattens  on  the  fruits  of  industry,  and  lawyers  fatte.i 
on  crime.  The  interests  of  the  industrial  class  he 
not  on  the  side  of  government,  unless  it  be  good 
government.  The}'  were  the  bone  and  sinew  of  the 
land,  these  men  of  vigilance,  whoso  traditions  fostered 
a  love  of  truth,  justice,  and  morality,  and  whose  i'utuiv 
depended  upon  their  keeping  these  things  inviolate. 

On  the  <jther  hand,  the  law  and  order  party  w;i^ 
composed  of  non-producers,  for  the  most  part  respect- 
able members  of  society,  but  who,  in  connnon  with 
criminals,  obtained  support  not  by  adding  to  the 
material  wealth  of  the  community,  but  by  defending' 
l)roducers  from  the  sharks  and  vultures  that  prey 
upon  them.  These  were  office-holders,  judges,  lawyer-^, 
si lerifr's, policemen,  jail-keepers,  politicians, law-maki  is, 
and  such  nondescript  subalterns,  contractors,  deiiia- 
gt)gncs,  manipulators  of  elections,  and  hangers-on  a; 
found  food  or  profit  in  the  l;:w.  ^lilitary  men  iiiw-t 
likewise  support  the  governnient,  else  their  occupatioa 
is  gone.  These  with  their  associates,  sympathizers, 
and  organs  ranged  themselves  on  the  side  of  what 
they  pleased  to  call  law  and  order,  and  opposed  any 
interference  of  the  industrial  class  in  the  affairs  et' 
govermnent. 

I  do  not  say  that  this  distinction  was  arbitrary  <•!• 
universal.  ^lany  lawyers,  preferring  purity  ti)  old- 
time  conventionalities,  took  sidos  with   the    reform 


HOSTILITY  BETWEEX  PARTIES. 


143 


party;  many  officers  of  the  law,  military  men,  and 
(^fowrnmcnt  employes  resigned  their  positions  and 
joined  tlio  ranks  of  the  popular  tribunal.  But  in  the 
main,  tlic  material  composing  the  two  parties  was 
siK'li  as  I  have  described.  The  public  press,  followin;^ 
tlio  (liivction  of  its  own  interests,  likewise  divided, 
SI  line  taking  their  stand  on  one  side  and  some  on  the 

otlltT. 

TIm  le  was  yet  another  sentiment  that  strongly  in- 
thuMucd  this  division  of  opinion  as  to  the  riglit  and 
Jitiu'ss  of  this  uprising.  It  so  happened  that  the  com- 
nu riial  and  industrial  interests  of  the  country  at  that 
tiuio  were  mostly  in  the  hands  of  those  born  and 
('(lucatcd  in  the  northern  states  of  the  republic,  while 
the  allairs  of  government  were  more  particularly 
looked  alter  by  those  who  had  come  hither  from  the 
south.  Xortherners  and  foreigners  naturally  took  to 
woili  and  trade,  while  southerners  as  naturally  l)ecamc 
jtolit  icians,  ran  for  office,  practised  law,  and  filled  official 
]Misitions.  Following  their  chivalrous  proclivities,  they 
lightly  esteemed  labor,  and  held  law,  politics,  and  like 
professions  the  only  occupations  befitting  a  gentleman. 
llenco  it  was,  when  shopkeepers,  clerks,  draymen, 
taipeiiters,  and  blacksmiths  questioned  the  policy  of 
lliese  natural  lords  of  government,  they  were  looked 
upon  as  inii)ertinent  fellows,  meddlers  in  matters 
uliich  (lid  not  concern  them.  When  they  went  fur- 
tin  r,  and  dared  to  lay  their  horny  hand  upon  the  sacred 
altar  of  justice,  they  were  denounced  as  inijjious  law- 
breakers, violators  of  constitutional  liberty, defaniers  of 
tiine-Iionored  tenets,  profane,  and  traitorous.  On  the 
ether  hand,  the  practical  men  of  work  and  business 
asserted  ••ujst  emphatically  that  if  law  and  law  officers 
eoulil  n(»t  and  would  not  suppress  crime  they  would 
<lo  it  themselves,  in  spite  of  statutes,  custom,  or  any- 
thing else.  Though  cursed  by  factions,  the  people  are 
the  power,  and  if  roused  by  rank  accumulated  wrongs 
tliev  vindicate  it. 

the 


('onte:jt  v.aijed  at  this  time  between 


vigilance 


i 


'I 


114 


THE  LAW  AND  OnDER  PARTY. 


'Ml  ! 


and  law  and  order  was  more  bitter  tlian  wc  can  now- 
well  realize.  Spreading  to  a  greater  or  less  degree 
among  all  the  communities  of  the  Pacific  slope,  it 
separated  friends,  divided  families,  and  armed  brother 
against  brother  in  deadly  hostility.  All  nature  gyrates 
to  the  right;  the  opposers  of  vigilance  were  now  twist- 
ing sadly  to  the  left. 

I  do  not  wish  to  be  understood  as  charging  hypoc- 
lisy  upon  all  those  opposing  popular  tribunals.  Th(jse 
who  live  by  the  law,  the  high-priests  of  legal  tribunals 
whoso  fires  cannot  be  kept  burning  but  by  devout  and 
humble  worshippers,  it  is  diflScult  for  such  as  these 
always  to  see  clearly,  least  of  all  to  allow  the  profane 
rabble  to  tamper  with  their  deity.  Hence  there  was 
present  honest  difference  of  opinion,  or  what  was  called 
opinion,  what  perhaps  the  several  opponents  really 
believed  to  be  opinion.  For  much  of  that  wliieh 
people  call  opinion,  much  of  that  which  they  really 
believe  to  be  honest  conviction,  is  nothing  more  than 
passion,  prejudice,  or  partisan  bias,  based  on  selt- 
intorcst,  pride,  education,  and  association.  Evidence, 
and  the  careful  balancininf  of  the  right  and  wronLfof 
a  (jucstion,  do  not  enter  into  it  at  all.  Men  will  to 
believe  right  that  which  accords  with  their  inteiest, 
v»liieh  is  not  belief,  but  desire.  Biassed  by  intercut  <»r 
feeling,  it  is  impossible  for  the  merchant  to  ^.ook  upon 
a  matter  with  the  eyes  of  the  lawyer,  or  the  man  of 
conservative  ideas  with  those  of  a  reformer.  Opinions 
are  warped  even  in  the  ablest  minds  by  the  most 
trivial  circumstances.  Labor  and  capital,  coopcratJAO 
and  private  enterprise,  employers  and  employed,  agri- 
culture and  commerce,  look  upon  questions  from  dili'er- 
ent  sides,  and  arrive  at  decisions  often  diametrically 
opposed,  honest,  but  erroneous. 

And  yet  it  is  passing  strange,  if  these  men  were 
honest  and  intelligent,  that  the}'  could  not  see  the 
falsity  of  their  position,  the  inconsistency  between 
their  doctrine  and  their  deeds.  For  of  all  members  of 
the  comnmnity  these  law  and  order  men  were  the 


ARGUMENTS  PRO  ET  CON". 


145 


first  t(t  lij^lit  their  wrongs,  and  break  any  law  that 
(lid  not  suit  them. 

Law  and  order:  that  was  the  name  they  gave  it. 
A  will  sounding  name,  especially  in  the  mouths  of 
Kx^ucs  and  politicians.  But  here  on  this  coast  liad 
hctii  law  without  order  for  years,  and  at  last  the 
j)(.'()jilo  were  determined  to  have  order,  even  at  the 
saciitico,  if  necessary,  of  the  forms  of  law.  Law  had 
l)L'C(»ine  criminal,  and  must  be  [>ut  upon  trial  by  the 
|)L'()}ile  for  dereliction  of  duty.  Good  men  left  their 
l)Usiuess  to  perform  jury  duty  reluctantly;  straw-bail 
and  false  witnesses  were  plenty  and  cheap.  The 
j)uL)li<'  mind,  furthermore,  seems  to  have  become 
(.•all(  »uscd,  and  the  sensibilities  even  of  the  better  class 
blunted;  pistols,  knives,  and  slung-shots  had  become 
to  1)0  regarded  as  adjuncts  of  life  in  California,  if 
not  a  necessity,  and  their  use  now  and  then  was  ex- 
pected as  a  matter  of  course.  Respectable  citizens, 
even  those  who  felt  it  a  conscientious  duty,  in  common 
with  all  good  men,  to  attend  the  polls  on  election 
day  and  cast  their  vote  in  their  country's  interests, 
kept  away  on  account  of  the  rowdyism  and  fighting 
which  rendered  the  place  unsafe. 

"  liaw  or  no  law,"  exclaim  the  men  of  vigilance, 
"the  cause  is  just  because  it  is  necessary."  "However 
puii!  your  motives,"  return  the  men  of  law  and  order, 
'however  necessary  your  stringent  measures,  you  are 
warranted  by  no  law,  your  acts  are  without  founda- 
tion in  light;  therefore  when  you  take  human  life, 
though  it  be  of  an  open  and  notorious  foe  of  society, you 
do  ;i  i'earful  wrong,  you  undermine  the  edilice  of  social 
order,  you  commit  murder."  "We  have  committed 
various  acts  of  insurrection,"  continue  the  men  of 
vigilance,  "in  assembling  in  numbers  to  accomplish 
l>y  I'oreo  measures  not  sanctioned  by  our  written  laws, 
ill  taking  a  large  share  of  criminal  jurisprudence  into 
our  hands  without  warrant,  and  in  opposition  to 
the  regular  constituted  tribunals;  in  nullifying  legal 
processes;  in  establishing  a  court  whose  jurisdiction 


Pi>r.  TwB.,  Vol.  II.    10 


14G 


THE  LAW  AND  ORDER  PARTY. 


■ffi.i 


^:    i\  '  . 


.   £    .1-  1      -■ 


is  boiiiKled  by  its  own  discretion.  But  although  wo 
havo  eiuctod  a  now  engine,  we  have  not  broken  the 
old  one." 

Exi)0(licncy  and  illegality  are  the  arguments  j^i'"  <'( 
con.  Whatsoever  the  condition  of  a  conmiunitv,  how- 
soever  democratic  or  despotic  its  government,  whetlar 
it  be  l)ased  on  bills  of  rights,  articles  of  confederation, 
specific  charter,  or  time-honored  custom,  should  tlmt 
government  fail  properly  to  fulfil  its  functions,  its  ob- 
ligations, its  agreements,  tlio  people  not  only  possess 
the  right,  but  it  is  their  bounden  duty  to  throw  it  otF 
and  lit  to  themselves  a  new  form  if  they  can.  Ik- 
tween  the  government  and  the  people  there  is  an 
implied  if  not  a  written  agreement;  laws  arc  estal)- 
lished  which  it  is  the  duty  of  the  people  to  obey  anl 
of  the  government  to  enforce.  If  the  people  break 
the  laws  the  government  may  rightly  punish;  if  the 
government  fails  to  fulfil  its  part  of  the  compact,  the 
people  have  the  same  right  to  punish  the  government. 
To  say  that  the  people  break  the  law  in  throwing  off 
an  incompetent  government,  is  to  hold  one  side  to  the 
compact  and  not  the  other.  So  sny  the  men  of  vigil- 
ance. 

In  all  their  arguments  the  advocates  of  law  and 
order  assume  that  law  is  right  because  it  is  law,  that 
obedience  to  existing  law  is  obligatory,  however  un- 
righteous the  law,  or  by  whomsoever  made;  which 
makes  liberty  a  crime  and  any  opposition  to  tyranny 
and  o[)pression  an  unpardonable  sin.  All  nations, 
from  the  beginning  of  history,  have  exercised  the 
right  of  revolution  whether  they  possessed  such  a 
right  or  not,  just  as  the  appeal  to  arms  has  always 
been  the  dernict'  rcssort  of  diplomacy.  Civil  law  may 
be  held  in  abeyance  by  military  law  whenever  neces- 
sity demands  it;  it  is  therefore  not  infallible.  Lihe 
the  laws  of  nature,  religious  and  political  institutions 
must  of  necessity  embody  elements  of  sclf-i)resei'va- 
tion,  else  they  fall  of  their  own  weight.  Tliis  is 
truth;  all  else  is  falsity.     And  the  evidence  of  truth 


INCONSISTENCY  OF  SOME. 


U7 


_)\vcvor  un- 


is  tliat  it  remains,  that  it  cannot  die.  Laws  of  soci- 
ety, therefore,  when,  how,  or  by  whomsoever  made, 
aie  simply  regulations  for  the  preservation  of  society. 
Eufuldiiig  a  preponderating  element  of  self-destruc- 
tion, they  cannot  live. 

Mr  Herbert  Spencer  relates  a  circumstance  coming 
iiiidcr  his  notice  where  "two  law-makers  propose  to 
support  the  law  by  breaking  the  law."  It  is  a  trifle; 
soiiH'tliing  of  almost  daily  occurrence.  Two  mendjers 
of  ]»ailiamcnt  become  so  excited  over  certain  letters 
concerning  the  rulei^  ft^r  the  regulation  of  Hyde  Park 
as  to  )»ropose  arbitrarily  to  punish  the  writer  of  them. 
Do  we  not  see  the  most  disgraceful  scenes  upon  the 
tloois  of  every  legislative  hall?  It  is  not  necessary 
to  <^<)  to  the  capitals  of  our  western  states  to  witness 
the  lawlessness  of  law-makers;  our  senators  and  con- 
ofvessnien  at  Washinjxton  use  the  knife  and  cud<;el 
<tfteu  enough  to  remind  us  that  after  all  their  legisla- 
tion, muscle  still  is  their  ultimate  appeal. 

Inconsistently,  as  one  would  think,  they  who  in 
lSr)(>  bcjwed  lowest  in  their  idolatry  of  law  and  con- 
stitution, when  roared  rebellion  five  years  later  were 
the  first  to  arm  against  the  laws  and  constitution  of 
the  confederation.  When  crime  reigns,  and  law  lies 
bleeding,  and  the  fangs  of  venomous  villainy  are 
fastened  in  the  throat  of  justice,  touch  not  the  mon- 
ster, they  say ;  let  law  by  law  resuscitate  itself  or  ever 
lie  low.  But  when  by  pride,  or  prejudice,  or  real  or 
fancit'd  wrong  their  passions  are  stirred,  away  then 
with  idle  form;  shall  we,  they  ask,  wrap  ourselves  in 
a  Xessus-shirt  of  tradition  and  perish  out  of  worshiji- 
ful  legard  for  that  which  has  no  regard  for  us?  If 
it  l»e  their  bull  that  gores  the  neighbor's  ox,  they  arc 
oil  the  side  of  the  bull;  if  the  neighbor's  bull  gores 
their  (X,  then  they  favor  the  ox.  They  do  not  hesi- 
tate a  moment  to  fight  a  duel  contrary  to  law,  and 
contrary  to  law  to  shoot  a  man  for  any  iiisult.  Multi- 
tudes of  such  examples  seem  to  force  upon  one  the 
conclusion  that  nine  tenths  of  the  so-called  principles 


JfTW 


148 


THE  LAW  AND  ORDER  TARTY. 


'n 


'n.. 


of  politicianH  arc  pure  fiction.  Blinded  l>y  the  thi-i 
of  tliuir  own  e^foisni,  doufoned  l>v  thuir  own  liollnw 
shouts,  the  stupid  unthinkini^  masses  are  tamely  Id 
by  those  whose  principles  are  made  and  governed  Kv 
self'-inteiest,  and  changed  as  self-interest  changes.  [ 
do  not  ask  or  ex]>ect  men  to  serve  their  countiv  nt 
the  expense  of  self;  I  only  ask  that  they  should  in  it 
hypocritically  profess  to  do  so.  This  view  may  apj)c,ir 
cynical,  but  I  am  no  cynic;  it  is  not  humanity  luit 
humbug  I  hate. 

Thus  was  opinion  warped  to  the  one  side  or  to  tho 
other  by  interest  and  education,  until  in  one  instaiuv 
at  least  the  community  divided  and  proi)osed  to  light 
it  out. 


Writing  Judge  Field  in  November  1873,  Genciiil 
Sherman,  who  was  active  on  the  side  of  law  jukI 
order  during  the  movement  of  185G,  says:  "You  a:nl 
I  believe  that,  with  good  juries,  Casey,  Cora,  Iletlui- 
ington,  and  Brace  could  all  have  been  convicted  aii.l 
executed  by  due  course  of  law;  that  San  Francisco 
had  no  right  to  throw  otf  on  other  eomnmnities  her 
criminal  class,  and  that  the  Vigilance  Conunittec  di'l 
not  touch  the  real  parties  who  corrupted  the  legisla- 
ture and  local  government.  Again,  if  the  nood  i.;l'!i 
of  any  citv  have  the  right  to  organize  and  assume  the 
functions  of  government,  the  bad  men  have  the  li'^ht. 
if  in  the  majority."  There  spoke  the  soldier,  a  iiiind 
trained  to  military  precision.  The  sentiment,  Imw- 
ever,  loses  somewhat  of  its  force  when  we  see  how  tlio 
author  regulates  his  own  conduct  under  it.  Abfiit 
this  time,  one  of  these  very  men,  Casey,  published  in 
a  i)aper  of  which  he  was  projnietor  certain  remarks 
derogatory  to  bankers,  of  which  fraternity  Sheiuuiu 
was  at  that  time  a  member.  Naturally  the  gciuial 
was  furious.  "  I  went  up  stairs  to  Casey,"  he  says. 
"and  asked  him  what  motive  he  could  have  lot'  tlio 
article  in  question,  so  full  of  falsehoods  and  unfair  de- 
ductions.    He  tried  to  make  some  excuse,  alleging  liitj 


SIIERMAX'S  COXSISTF/XCY. 


110 


sjMcial  i^niardiiiiisliijtof  tlu^  interests  of  poor  depositors, 
(tr..  when  I  told  liiiii  tinit  I  woul«l  not  })erniit  any- 
liddv  in  our  biiildiiiijc  to  l)e  eoneorned  in  sucli  a  dirty 
tiick.  and  that  it'  he  ever  attempted  l>y  false  ])ul)1iea- 
tidiis  to  levy  blaek-niail  on  us  and  on  our  luother 
liaiik'is  I  would  piteh  him  and  his  [>ress  out  of  the 
third-story  windows." 

Aiiotlur  incident  of  judicial  inconsistency  where 
jicr.'oiial  teelin*,^  is  excited  may  be  mentioned  in  this 
((iiiiicction — an  incident  of  early  times,  doubtless  for- 
oiitttii  l»y  (fcneral  Sherman,  as  he  makes  no  moutiou 
(if  it  in  his  Mnitoirs: 

\  iidcr  the  ^lexican  republic  it  was  the  custom  in 
(alilniiiia  for  the  nuinicipal  authorities  to  imjwse  a 
(liitv,  ill  adtlitioii  to  that  collected  by  the  custom- 
lidusi'  ofiicei's,  of  six  dollars  per  eighteen-gallon  cask 
(111  fiinign  liquois.  To  avoid  payment  of  this  tax, 
lifjiiDis  v/en;  usually  landed  in  the  night.  Under 
Aiiiciicaii  rule,  however,  and  up  to  the  permanent 
Mttltiiient  of  affairs  in  1848,  it  was  diflerent;  then 
accduiits  of  sales  wiTo  se-ii.  from  the  custom-house  to 
(dliiiiil  ^Tason,  military  governor  of  California,  \vho 
uavc  coijies  of  the  same  to  the  alcalde,  Walter  Colton, 
that  lie  might  know  v»lio  had  purchased  liquors,  and 
so  colK'ct  the  municipal  tax.  While  the  United  States 
shi]>  /j'.riiifjtvu,  in  April  1847,  was  lying  in  the  bay  of 
Mdiitcrey,  two  casks  of  lirandy  were  landed  one  night 
and  h  ft  on  the  wliaif.  Several  soldiers  happening 
that  way  spied  the  tempting  poison,  and  procuring  a 
uiiiiht,  opened  speedy  connection  between  the  liquid 
juid  tluir  throats.  In  due  time  the  two  lav  senseless 
\n-.]t\v  tlie  cask,  where  they  were  found  and  taken  to 
the  Init.  One  of  them  died  and  the  other  barely  re- 
•  ovi  red.  Lieutenant  Sherman  was  so  exasperated 
I'v  the  occurrence  that,  taking  with  him  a  jtossc  of 
HUH.  he  proceeded  to  the  wharf  and  tumbled  the 
casks  over  on  to  the  rocks,  breaking  them  in  pieces. 
The  owner  of  the  brandy  brouii'ht  suit  a^'ainst  Sher- 
man,  wlio  was  tried   before  General   Kearney,   and 


lii! 


]' 


ijIl 


n 
I    ■ 


fir: 


150 


THE  LAW  AND  ORDER  PiVRTY. 


acquitted  on  the  ground  that  the  owner  had  no  l)usi- 
ness  to  leave  tlie  Hquor  there  to  tempt  the  .soklitrs. 
Whatever  the  (luahty  of  General  Kearney's  law, 
Sherman  clearly  committed  a  lawless  act,  and  how- 
ever exasperating  the  circumstances  or  noble  the  ob- 
ject, tliey  were  certainly  not  more  so  than  those  which 
actuated  the  members  of  the  popular  tribunal  he  so 
carefully  condenms. 

Following  is  an  extract  from  a  letter  to  the  ^lo- 
hawk  Courier,  of  the  state  of  New  York,  by  aii 
eminent  member  of  the  San  Francisco  bar,  who  lias 
often  snt  high  upon  the  judicial  bench:  "Unfortu- 
nately for  the  peace  and  reputation  of  our  city,  there 
were  some  members  of  the  Algilance  Committee,  whose 
object  being  to  bring  the  judiciary  into  disrepute  with 
the  pco[)le,  for  reasons  which  will  hereafter  appear, 
were  not  dis[)osed  to  let  the  opportunity  slip  by  unim- 
proved. Bold,  unscrupulous,  and  resohite  in  pursuit 
of  their  selfish  ends,  tliey  pulled  tlie  wires  and  exer- 
cisetl  the  chief  control  in  the  association;  and  h;n  iiiL,' 
thus  far  connnitted  it, having  thus  far  succeeded  in  their 
assumption  and  demonstration  of  arbitrary  powcis; 
having  found  the  laws  powerless,  and  the  people,  for 
the  reasons  belbre  mentioned,  unwilling  to  punish 
their  violation  of  them,  these  designing  spirits  wi  le 
not  content  to  resign  their  j)ower  so  easily.  As  tliu 
Indian  tiger  that,  once  tasting  human  blood,  never 
afterward  satiates  its  thirst  for  it  or  contents  it^rH' 
with  less  noble  prey,  so  they,  elated  with  their  suc- 
cess, and  the  imjiunity  which  attended  it  in  this  in- 
stance, were  resolved  to  maintain  their  organizatinii. 
not  for  the  useful  and  praiseworthy  objects  whidi 
thj>y  first  }>roposed,  but  avowedly  for  the  i)urji»)S('  of 
exercising  judicial  functions,  and  of  setting  the  es- 
tablished laws  and  tribunals  of  the  state,  nay  more. 
till!  very  constitution  of  the  United  States  itself,  at 
deiiance.  They  assumed  and  publicly  announced  tlnir 
determination  to  exercise  the  light  of  searching  pri- 


JUDGE  LAKE'S  ARGUMENT. 


tSl 


-0,  nay  iiiniv, 


vate  dwellings  without  the  warrant  of  law,  and  of 
anestiiii,',  confining,  trying,  condemning,  and  exe- 
ciitiiin'  any  whom  their  in(|uisitorial  researches  might 
iiiiplicate  in  crime.  Judge,  jijry,  counsel,  and  wit- 
iRssts,  sheriffs,  jailer,  and  executioner,  uniting  each 
and  c\ery  function  in  their  own  body,  they  publicly 
announced  their  intention  to  carry  out  their  plans  and 
j)Ui|H)si's  regardless  of  all  opposition,  and  in  defiance 
(if  (liL-  law:  still,  however,  under  the  specious  i)retext 
of  niaintaining  its  supremacy  and  enforcing  it^  de- 
treos;  in  short,  powers  and  privileges  of  a  regularly 
oi^anized  legal  tribunal."  The  significance  and  value 
(if  such  sentiments  lose  nmch  of  their  force  when  the 
ivadtr  is  informed  that  the  writer  of  the  connnunica- 
t!(in  was  once  before  the  police  court  of  the  city  of 
Sau  Francisco  for  attempting  the  life  of  the  editor 
(if  a  city  journal,  the  ball  from  the  judge's  pistol  just 
^-'laziii!'"  the  editor's  hair. 

liikc  the  clerufvman  who  for  bread  nmst  play  in  his 
pulpit  the  part  most  agreeable  to  his  hearers  whether 
Ik;  will  or  not,  so  the  officers  of  the  law,  beguiling  the 
tiling  they  are  by  seeming  other  than  themselves,  some- 
tiniis  think  it  their  duty  to  hide  their  real  sentiments 
under  the  cloak  of  hy])ocrisy,  and  pander  to  the  im- 
pcit'cetions  and  superstitions  of  the  law  which  })ays 
them  for  acting  the  part  of  its  high-priest.  A  case  in 
point  occurred  durinsjr  the  movement  of  1851.  Meetin<j 
one  day  Gerritt  W.  llyckman,  third  [jresident  of  the 
lAc'iitive  Committee,  John  W.  Geary,  then  mayor  of 
!Saii  Francisco,  thus  addressed  him: 

"Mr  llyckman,  I  am  astonished  that  you,  of  all 
others,  shoukl  engage  in  this  unlawful  and  disgraceful 
husiness." 

"  ( Jeary,"  said  llyckman,  "were  you  not  a  paid  limb 
of  the  law  you  would  to-day  be  a  captain  of  vigil- 
ance police." 

1 1  was  true.  No  sooner  had  Geary's  term  of  ofHco 
expired  than  his  conscience,  chameleon-like,  assumed 
♦he  [)()pular  color,  and  hastening  to  Kyckman,  he  said,. 


lo2 


THE  LAW  AND  ORDER  PARTY. 


?>  \i' 


:H 


^!l 


"I  come  as  a  matter  of  duty  to  tell  you  if  I  had  not 
been  mayor  of  the  city  I  would  have  taken  a  leading,' 
part  in  the  vigilance  movement.  I  approve,  in  un- 
limited terms,  of  every  act  of  the  Committee  as  con- 
ducing to  the  prosperity  of  California." 

But  why  confine  ourselves  to  minor  illustrations  of 
the  hollowness  of  partisan  opinicm,  of  which  there  aio 
thousands,  when  we  may  stej)  at  once  to  tlie  heiicli 
of  the  highest  legal  state  tribunal,  and  among  the 
supreme  judges  themselves  find  numerous  instamcs 
of  their  utter  contempt,  in  action  if  not  in  words,  of 
that  law  which  they  dealt  with  such  exactness  to 
others  ? 

J.  Neely  Johnson,  governor  of  California  during  the 
vigilance  epoch  of  1850,  and  a  hearty  hater  of  aiiy- 
thiuir  like  one's  taking  the  law  into  one's  own  hands  - 
unless,  peradventure,  he  should  happen  to  be  that  one — 
on  the  17th  of  July  1851  at  Sacramento  offended  tlio 
peace  of  that  city  by  assaulting  a  journalist,  Mi- 
Lawrence,  of  the  Tunes  and  Tninscn'jtf,  from  which 
fight  Johnson  narrowly  esca})ed. 

The  case  of  the  chief-justice  of  the  California  su- 
preme court,  who,  while  in  the  full  exercise  of  the 
functions  of  his  high  position,  was  arrested  and  tv'wA 
by  the  Vigilance  Connnittee  of  185(5  for  a  deadly  as- 
sault on  an  officer  of  the  vigilant  })olice,  ro<|uires  no 
conmient. 

Of  the  many  chivalrous  deeds  of  Chief-justiro 
ISIurray  at  variance  with  the  law  which  he  admin- 
istered, one  will  here  suffice:  Enteriu'jr  the  stoiv  ot' 
Hill,  Clark,  and  Company,  in  Sacramento,  ]\[ay  --'. 
1850,  Murray,  accompanied  by  three  friends,  stepjud 
up  to  Mr  Hill  and  asked  him  if  he  had  made  certain 
remarks  derogatory  to  his  character.  Not  receivin;,' 
a  positive  denial  of  the  charge,  Judge  Mtirray  sei/.id 
]Mr  Hill  bv  the  collar,  raised  his  cane,  and  struck  him 
on  the  head,  infiicting  an  ugly  though  not  a  dangd- 
ous  wound.  They  were  at  the  time  standing;  at  the 
office  door.     Hill's  friends  drew  him  into  the  stoic, 


FURTHER  ARGUMENTS. 


lf.3 


ol()siiii4-  the  door  upon  Murray,  thus  terminating  a 
lawless  and  uncalled-for  assault. 

Says  a  counsellor-at-law,  commenting  upon  the 
attitude  of  the  Vigilance  Committee:  "Although  this 
iikkIi'Iii  Areopagus  was  comj)osed  of  men  td'  high 
ivsjii'ctability,  whose  decisions,  abstractly  considered, 
wvw  distinguished  for  impartiality  and  justice  toward 
till  11'  victims;  and  although  crime  abounded  in  the 
city  and  the  guilty  had  often  escaped  jmnishment  in 
tlic  legitimate  courts,  yet  its  oiganization  and  action 
caiiMot  l)e  justified  on  any  sound  j)rinciples.  They  were 
aiiurehic  and  revolutionary;  and  their  apology  is  the 
overthrow  of  all  security  of  pei-son  or  property  founded 
(111  ((institutional  forms  and  proceedings.  The  energy 
vvliieli  the  Committee  displayed  in  the  exercise  of 
usuiped  authority  might  liave  been  directed  in  aid 
ef  the  courts,  consistently  with  the  constitution  and 
the  laws,  with  equal  if  not  supeiior  efficiency."  Tliis 
is  tiu'  (»l(l,  old  story,  and  simply  bald  assertion.  Their 
action  can  be  justified  on  sound  jirinciples,  on  the 
siiundest  of  all  principles,  tlie  [)rinciplc  of  solf-[)rotec- 
tiiii;  and  for  the  rest,  the  conditions  and  tlie  results 
pidvc  the  falsity  of  all  such  statements.  Vigilance  is 
neither  anarchical  nor  revolutionary.  It  saves  society 
tKMii  anarchy,  and  is  adilferent  thing  from  revolution, 
iis  we  well  know. 

( )iie  calls  it  an  inconsistent  trampling  of  law  under- 
foot to  jtunish  lawlessness,  thus  justifying  in  jiractico 
what  it  jirofesses  to  denounce,  and  viohiting  the 
Naiictity  of  a  [)rinci[)le,  which  is  the  only  sovereign  of 
a  iVeeiuan,  and,  professing  to  obey  wliii-ii,  he  cannot 
disregard  in  practice  without  the  establishment  of  a 
precedent  eventually  detrimental  to  tlie  cause  of  con- 
stitutional liberty.  Another  exclaims,  "  Hettei-  that  a 
hundred  criminals  should  escape  tlian  that  the  whole 
law  of  California  should  be  outraged  by  an  act  that 
denies  at  once  the  value  and  the  autiiority  of  our 
}j[ovcrnn»ent."  In  answer  to  which  I  would  say  tliat 
u  state  of  things  which  would  allow  the  escape  of  u 


ii» 


154 


THE  LAW  AND  ORDER  PARTY. 


hundred  criminals,  or  of  one,  should  not  be  tolerated 
for  a  n)ouicMt.  Punishment,  sure  and  swift,  is  a  mei(  y 
to  mankind,  a  charity  to  the  poor  degraded  offenders. 
If  (jrod  would  chastise  the  wicked  now,  he  would  save 
worlds  for  heaven. 

If  we  compare  the  two  following  extracts  from  tlic 
same  journal,  written  by  the  same  editor,  the  first 
published  on  the  5th  of  November  1850,  and  the 
seccmd  the  28th  of  Au^'ust  185G,  we  shall  see  how 
differently  this  question  w^a3  regarded  from  different 
standpoints  and  at  different  times: 

In  connnenting  on  the  many  acts  of  violence  and 
incendiarism  following  the  first  influx  of  convicts,  such 
as  knocking  men  down  in  the  street,  boarding  a  vessel 
and  beating  the  captain,  attempts  to  fire  the  citj-,  and 
the  like,  he  remarks:  "We  are  opposed  to  lynch  law, 
and  even  averse  to  capital  punislunent,  but  it  w^ould 
be  a  praiseworthy  act  to  take  out  and  hang  in  the 
Plaza  the  first  man  detected  in  setting  fire  to  a  house 
in  this  city,  and  we  hope  to  see  that  gentle  admonition 
given,  shimld  any  of  those  wretches  be  fortunately 
detected."  The  editor  certainly  did  not  intend  hy 
these  words  to  inflame  the  public  mind,  and  he  little 
thought  tlien  that  the  gentle  admonition  of  which  he 
yj)eaks  would  be  so  quickly  and  so  earnestly  gi\en. 
l'iv(!  years  later  his  tone  is  quite  different: 

"\Vc  are  free  to  admit  that  there  is  such  a  right  as 
the  right  of  revolution.  Our  forefathers  availed  them- 
selves of  that  right  and  overthrew  the  English  rule 
in  this  country.  It  was  a  right  which  tliey  possessed. 
Jt  is  a  right  which  the  oppressed  peo[)le  of  Eurojie 
now  possess,  for  the  reason  that  they  can  redress  tlnir 
grievances  only  by  revolution.  They  stand  in  the 
same  i)osition  as  our  forefathers  did  nearly  a  centuiy 
ago.  There  are,  however,  two  kinds  of  revolution, 
physical  and  moral.  The  difference  between  our  con- 
dition and  that  of  the  founders  of  this  republic  nnd 
tlie  peojde  of  Europe  at  the  present  time  is  that  ue 
can  accomplish  by  a  moral  revolution  what  the  former 


SIMPLE  SOPHISTRY. 


155 


could  only  have  effected,  or  the  latter  can  now  effect, 
1)V  a  ]>hysical  revolution.  Wo  possess  the  right  of 
iiidial  revolution,  they  of  physical."  Sophistry  so 
simple  would  be  unworthy  our  notice  but  for  the 
coiiiitction. 

Tho  ai'guments  advanced  by  a  certain  San  Francisco 
d()(ti»i-  of  divinity  were  these:  "Surely  there  is  not  a 
Avoi'd  in  the  Bible,"  he  snys  with  clerical  ndiirte,  "that 
tL'uclK's  Christians  to  rebel  aj^ainst  the  legal  authorities 
ol'  a  fice  Christian  land.  The  Bible  teaches  nothing 
if  it  dt>es  not  require  Christians  to  be  a  law-abiding 
]ic()})lo.  The  early  Christians  conquered  l)y  submitting 
t'Vi'ii  to  tyrants.  It  is  marvellous  how  you  can  fmd  an 
analogy  between  some  mere  local  corruptions  in  San 
Fiaiicisco  and  the  causes  of  the  English  revolution 
of  1(588,  Ol'  of  the  American  revolution  of  177G,  or  of 
tlio  war  of  Great  Britain  in  the  days  of  Ilt)bert  Hall. 
In  1(588  and  177i),  and  in  the  days  of  Cromwell,  there 
vras  no  way  to  obtain  redress  but  by  revolution. 
I'lindamental  laws  had  to  be  obtained.  Great  funda- 
iiRiital  rights  and  principles,  both  as  to  tho  civil 
lil)ertv  and  religious,  had  to  bo  secured  by  force.  The 
L'ovennncnt  was  not  then,  as  it  is  now,  in  the  hands  of 
tlu'  ]»eo[»le.  They  had  not  then  the  right  of  making 
tliiii-  own  laws  and  electing  their  own  officers.  Nor 
was  there  then,  as  now  with  us,  a  constituti<Mial  wa\' 
t »  cliange  or  amend  our  laws  and  to  remove  unfaith- 
ful officers.  There  is  no  analogy  or  resemblance  in 
th*'  cases.  With  us,  if  the  laws  do  not  reach  the  evil, 
1 't  the  people,  in  tlie  constitutional  way,  make  laws 
that  will  reach  it.  The  wrongs  conjplained  of  in  a 
!>  t|)ular  government  cannot  make  it  right  or  expe<!ient 
tt  |);iralyze  all  law.  It  is  law  and  not  lawlessness  wo 
v,;iiit.  Our  government,  as  Chief-justice  Marshall 
lias  said,  is  one  of  laws  and  not  of  men.  ]t  is  the 
jHoplc,  )»ut  the  people  embodied  in  a  wiitten  constitu- 
tion, and  in  written  laws  made  in  pursuance  of  that 
(onstitution.  So  ample  and  so  s})ecitic  is  the  method 
prescribed  in  our  constitution  and  in  our  laws  ibr 


1C6 


THE  LAW  AND  ORDER  PARTY. 


i  !il' 


i  ^|i. 


t    1 


if      ! 


amending  or  changing  them,  that  it  is  the  decision  of 
the  supreme  court  of  the  United  States  that  a  rcvohi- 
tion  by  force  is  impossible.  It  must  be  so;  ft)r  if  tlieie 
is  not  a  constitutional  way  of  correcting  the  abuse  of 
pojjular  governments  they  cannot  stand.  My  ]»lat- 
forai  is  the  ]^il)lo,  the  constitution,  and  the  union,  just 
as  they  are."  Which  in  the  first  place  has  ever  been 
tlie  })latfonn  of  blind  bigotry,  and  which  in  the  second 
l)lace  is  not  true.  The  writer  of  the  above  lines  a  IVw 
yeai's  later  was  obliged  to  leave  his  pulpit  and  Cali- 
fornia because  he  was  not  satisfied  with  the  union 
just  as  it  was,  and  because  he  sympathized  with  r*.-- 
bellion. 

It  is  not  a  little  strange  that  in  a  mixed  community 
like  that  of  San  Francisco,  enjoying  a  liberty  or  license 
wider  and  less  trammelled  than  that  under  any  otlur 
republican  government,  there  raged  in  certain  cpiar- 
teis  a  fiercer  fanaticism  favoring  absolutism  than  ewn 
might  be  Ibund  under  many  monarchical  despotisms. 
Pi-inciples,  however,  are  rarely  separated  from  siH- 
interest.  It  is  worthy  of  remark  that  the  law  and 
onler- element,  emanating  from  that  school  of  chivahy 
v.'hich  finds  expression  in  the  bowie-knife,  the  duell», 
.state -rights,  and  rebellion,  were  of  all  republicans 
the  <[uickest  to  defend  their  rights  with  their  own 
arm  in  defiance  of  constitution  or  law.  Having  mi- 
grated to  a  new  land,  they  clothed  themselves  in  the 
rolje  of  ofiiice,  and  fattened  <m  the  perquisites  of  tliu 
law.  Ijaw  became  to  them  what  doctrine  is  to  the 
religious  teacher,  a  sacred  thing,  a  sine  qua  iioik  in- 
volving wealth  or  poverty,  infiuence  or  insignificant'. 
food  and  laiment,  or  starvation  and  nakedness.  The 
other  extreme  is  found  in  the  radical  mob  spirit.  An 
individual  lightly  or  wrongfully  commits  a  rash  art, 
it  mav  have  been  in  defence  of  his  own  or  anotlu  i"s 

ft 

life;  it  may  have  been  while  laboring  under  ag'iia- 
vated  excitement,  so  taunted  and  provoked  that  \o 
pass  the  insult  unavenged  calls  in  question  his  nian- 
iiv^od;  or  it  may  be  ho  is  only  suspected  of  havin;,' 


JUSTICE  AND  JUGGLERY. 


Ifl7 


coinniittcfl  an  outrage,  and  straightway  with(5ut  in- 
(lictuunt  by  grand  inquest,  witliout  the  examination  of 
a  sworn  and  dispassionate  tribunal,  in  the  bhndness 
ot'  iiioincntary  rage  he  is  seized  and  hurried  away  by 
the  inllamed  populace,  and  unconvicted  of  any  crime, 
unuuueuled  and  unshrived,  hanged  on  the  nearest  tree. 
Many  instances  are  on  record  where  a  wretched  vic- 
tim has  thus  been  deprived  <»f  life  by  a  mad  j)opulace 
and  afterward  found  guiltless  of  any  crime,  or,  if 
guilty  of  the  deed,  it  was  found  to  have  been  com- 
mitted under  greatly  extenuating  circumstances,  and 
not  meriting  the  extremest  penalty  of  the  law.  It 
was  sucli  lawless  and  sanguinary  measures  in  the  ad- 
ministiation  of  justice,  with  excesses  and  outlawry  in 
other  directions,  that  brought  opprobrium  on  Cali- 
fornia's fair  fame.  This  is  one  phase  of  the  subject; 
hut  this  is  not  all.  Vigilance  reprobates  one  extreme 
no  less  than  the  other. 

It  is  well  enough  in  settled  communities  for  statute- 
makers  and  legal  dignitaries  to  defend  the  majesty  of 
liw  and  set  the  seal  of  opprobrium  on  rabble  attem[)ts 
t  )  (lefv  it;  but  where  there  is  no  law,  or  where  law 
hecomes  inoperative,  there  is  but  one  remedy  lor 
those  who  would  escape  anarchy  and  save  themselves 
from  social  j)erdition.  Undoubtedly  some  innocent 
mill  have  suffered  at  the  hands  of  an  unorganized 
populace,  have  been  inconsiderately  and  unjustly 
launched  into  eternity  by  a  drunken  mob;  yet  when 
the  very  best  appliance  for  the  dealing  out  of  simjile 
honest  justice  which  human  ingenuity  can  devise 
fails,  it  is  scarcely  wise  to  throw  it  aside  lor  some 
Worse  system  because  it  lacks  jierfection.  J^egr.l 
tiil)unals  are  not  always  infallible  in  their  decisions, 
antl  the  skirts  of  a  more  orderly  justice  have  not  been 
always  clear  of  blood-guiltiness.  ^Jany  a  j)oor  wretch 
is  made  unjustly  or  imiocently  to  sutler,  while  the 
Uieat  scoundrel  esca2)es  \\'\\X\  scarcely  a  Ijlemish  upon 
his  golden  escutcheons.  To-day  the  administration  of 
justice  in  all  the  courts  of  Christendom  is  in  many 


in 


THE  LAW  AND  ORDER  P.\RTY. 


■»      1  1; 


'H 


M 


!»'?• 


f  '- 


instances  a  farce.  The  Mormons  have  a  system 
which,  though  crude,  is  nearer  right  in  principle  than 
our  own,  for  there  he  who  feels  himself  aofofrievod 
may  lay  his  cause  hefore  his  j)eers,  and  if  necessarv 
carry  it  from  the  lowest  to  the  highest  tribunal  with- 
out cost;  but  who  can  win  a  suit,  however  just,  in 
any  of  our  courts  without  money?  The  heathen  in 
our  midst  quickly  understand  this,  as  the  followiii!,' 
incident  will  show:  In  conversation  with  a  briglit- 
eyed  smiling  Mongolian,  Ah  Foy,  a  gentleman  for 
whom  he  did  washing  expressed  the  opinion  that  one 
Ah  Chung,  lately  arrested  for  the  murder  of  Ah  J.i, 
his  Celestial  love,  would  be  hanged.  "  Him  no  hang," 
exclaimed  Ah  Foy,  "him  all  same  Melican  man;  ho 
got  two  thousand  dollars  1  You  sabe,  no  liab  money, 
him  hang;  hab  plenty  money,  no  hang:  all  same 
Melican  man."  Three  times  in  four  when  wrong  is 
done  the  remedy  is  worse  than  the  disease.  Justice 
is  too  expensive  a  luxury,  and  so  rascality  thrives  niid 
honest  men  are  brought  low. 

Let  our  wise  and  worshipful  jurists  study  ^o  }h  r- 
fect  tlie  system  under  which  justice  is  at  present 
administered  before  they  so  sweepingly  condemn  all 
other  methods,  however  singular  the  emergency.  So- 
ciety breeds  its  own  customs,  and  makes  such  yokes 
as  best  befit  its  distempers.  In  California,  was  crime 
to  hold  perpetual  carnival  because  there  were  no  ])o^^- 
berrys  at  hand?  If  substance  be  superior  to  shadow, 
or  the  essence  of  morals  to  legal  forms,  then  law  must 
not  be  exalted  above  the  power  that  makes  law.  The 
law  protects  those  only  who  can  handle  it;  suffer  it 
to  escape  control,  and  it  is  a  nullity.  Rulers  will 
never  be  much  better  than  the  people  who  set  them 
up.  Vicious  governors  and  unjust  judges  can  never 
long  hold  sway  over  good  and  just  men.  A  funda- 
mental element  of  progress  is  greater  security  to 
person  and  property.  Not  only  is  the  power  of  man 
over  nature  ever  increasing,  but  man's  power  over 
himself,    which   latter   is    the   greater  achievement. 


THE  I-AW  OF  NECESSITY. 


l.-ifl 


rrovtinors  arc  the  servants  of  the  governed;  judges, 
j)()li('('incn,  and  all  holders  of  public  oflice,  arc  suhor- 
iliiiato  to  the  people,  who,  under  God,  arc  alniiglity. 
What  constitutes  a  state?  Not  legislative  halls,  witli 
tlu  ir  law-makers  and  governors;  not  armed  men  and 
inilitaiy  accoutrements;  not  statutes,  law  courts,  jails, 
and  nihcers  of  the  law — these  arc  but  the  servants  of 
the  connnonwcalth,  and  their  liveries.  The  jjcoplc 
arc  the  state;  j)eoplc,  good  or  bad,  according  to  the 
ooiuhiess  or  badness  of  the  state.  If  the  state  is 
hiiiiest  and  high-minded,  the  people  arc  so;  if  the  gov- 
criuiu'iit  is  mercenary,  the  officers  corrupt,  the  j)ress 
venal,  tlie  people  are  inglorious,  base,  and  well  befitted 
to  such  a  rule. 

This  was  no  time  or  place  for  abstract  theorizing. 
The  assassin's  knife  was  at  the  throat  of  socictv; 
c< (lilts  of  justice  were  inefficient  or  corrupt — in  many 
I'lacis  they  had  no  existence;  there  were  no  jails,  or 
nunc  to  speak  of,  and  such  as  there  were,  criminals 
often  were  glad  to  enter  as  an  asylum  which  should 
jirotcct  them  from  the  fury  of  the  populace.  There 
were  throughout  the  country  no  settled  s\'stcms  for 
th(!  detection  and  punishment  of  crime,  no  police,  no 
cfiicieiit  officers  of  the  law;  every  man  of  the  com- 
inunitv  was  hurrying  hither  and  thither,  absorbed  in 
I'liretiiig  his  own  afi'airs,  caring  little  what  became  of 
the  land  and  people  that  he  intended  soon  to  escape 
from;  and  when  the  robber  or  murderer  was  arrested 
by  his  fellows,  who  would  waste  weeks  or  months  or 
iin<lertake  a  journey  to  some  distant  justice  out  of 
respect  for  forms  and  legal  ceremonies  when  with 
ihvh'  own  eyes  they  had  seen  the  deed  committed  and 
knew  the  man  should  die?  The  peo[)le  must  j^rotect 
thi'inselves  by  the  simplest,  quickest,  and  most  prac- 
tical system  of  retributive  justice  that  it  was  })ossil)le 
to  ado[)t,  a  system  divested  of  mystery  and  delay,  a 
sy-  tem  unnecessary  and  injurious  to  public  morals  in 
settled  communities  with  an  upright  judiciary  and  the 
luachinery  of  law  perfect  in  its  operations.    No  pun- 


160 


THE  LAW  AND  ORDER  PARTY. 


■Ail 
ill 


ishmcnt  is  so  effectual  in  the  prevention  of  crime  as 
the  fear  of  certain  and  immediate  death.  In  a  roviii;r 
border  life,  where  conflict  with  siivages  and  wild  beasts 
is  the  normal  state,  where  every  man  is  armed  again.st 
every  other  man,  and  the  life  of  each  is  in  his  own 
keeping,  the  widest  field  is  offered  for  the  play  of  j);i.s- 
sion.  In  California,  where  most  of  the  inhabitants 
were  strangers  to  each  other,  wandering  singly  or  in 
small  jjarties  through  quiet  canons  and  pathless  wilds, 
often  having  in  their  possession  large  quantities  of 
gold-dust,  the  temptations  to  rob  and  murder  wcro 
pc^aliarly  great,  for  there  dark  deeds  could  be  dune 
with  but  little  risk  of  detection,  so  that  to  condemn 
lynch  law  or  mob  law,  unjustly  or  brutally  as  it  was 
sometimes  administered,  is  practically  absurd.  Tlio 
forms  and  technicalities  which  in  the  judicial  proceed- 
ings of  settled  connnunities  arc  instituted  for  protec- 
tion, are  in  lawless  unrestrained  societies  for  the  same 
reason  disregarded.  In  both  cases  the  strictest  jus- 
tice is  aimed  at,  and  thus  far  experience  teaches  that 
thus  in  both  cases  it  is  best  attained.  Let  him  who 
would  sweepingly  condemn  lynch  law  or  vigilance 
conmiittees  first  jirovide  a  substitute  which  promises 
protection.  Among  the  criminal  class  the  thirst  lor 
violence  and  blood  increases  in  tenfold  ratio  with  in- 
dulgence; if  unrestrained  it  soon  rages  like  the  flames 
of  a  burning  city,  and  the  more  uncertainty  connected 
with  arrest  and  conviction,  and  the  longer  the  time 
which  must  elapse  before  punishment,  the  less  are  the 
feelings  of  horror  and  of  fear  for  the  penalties  of 
crime. 


'S 


CHAPTER  IX. 


THE  GOVERNOR,  THE  GEXEllAL,  AND  THE  PRESmENT 
OF  VICIILANCE. 

One  never  needs  ono'a  wits  so  much  as  when  one  has  to  do  with  a  fool. 

C/iineae  proverb. 

Wk  must  now  go  back  a  few  days  and  review  the 
situation  from  the  standpoint  of  the  opposcrs  of  vigil- 
ance. 

Never  in  California  was  there  so  strong  a  feeling 
against  popular  tribunals  as  at  this  time.  The  senti- 
ment was  limited  to  a  class  representing  the  minority, 
vm{  lor  that  reason  it  was  probably  all  the  more 
1  litter.  Many  had  come  to  this  state  for  the  purpose 
of  entering  politics,  and  had  staked  their  all  for  office. 
It  appeared  to  them  as  if  the  whole  country  was  alive 
\vitli  mobs  and  murderous  committees,  and  they  were 
lui'itily  sick  of  such  doings.  In  the  eyes  and  eon- 
scirnces  of  many  this  disrespect  of  law  was  like 
trampling  their  religion  into  the  dust.  We  all  know 
how  men  will  fight  for  their  traditions,  their  opinions, 
the  truth  of  them  havinij  nothing  whatever  to  do 
witli  it.  We  have  seen  how  the  ranks  of  the  op- 
l»oscrs  of  vigilance  were  composed  to  a  great  extent  of 
the  worst  elements  of  society;  yet  there  were  present 
some  of  the  best  elements.  Of  necessit}'  there  is  some- 
thing good  in  the  worshippei*s  of  tradition,  something 
pi'ofhutive  of  good  in  the  act.  "I  never  knew  a  man 
j;tio(|  l)eeause  he  was  religious,"  says  Coleridge;,  "but 
I  have  known  one  religious  because  he  was  gootl." 

There  is  no  lack  of  divinity  in  human  nature;  there 
is  no  lack  of  the  spiritual  in  the  material  world.    The 

Pop.  Tbib.,  Vol.  II.    11  (101) 


1G2 


GOVERNOR,  GENERAL,  AND  PRESIDENT. 


1 

j 
i 

I 


unseen  and  impalpable  are  as  powerful  in  tlieii-  in- 
iluence  upon  us,  in  our  orjjanization,  growth,  anil  ('on- 
duct,  as  are  things  material  and  tangible.  Scores  o{ 
.sacred  books  have  been  made  from  mixed  material,  and 
even  profane  writings  may  mellow  with  age  into  somk- 
thing  sacred.  We  might  call  the  Homeric  poems  tli,' 
iirst  bible  and  the  writings  of  Shakespeare  the  last. 
13ut  religions  have  their  birth  and  death.  Long  lu-fuiv 
Christ  the  philosophers  of  Greece  scoffed  at  the  gods 
of  Olympus,  and  the  floor  of  heaven,  which  was  the 
azure  vault,  was  swept  of  the  supernatural  l)y  ad- 
vancing thought.  Yet  not  to  all  does  the  light  conu; 
with  e(jual  clearness,  and  with  many  i)opular  tribunal  i 
were  as  popular  heresies  or  popular  iniidelities. 

In  the  present  instance  the  people  were  indignant. 
Passion  is  contagious.  The  law  became  indignant, 
and  so  did  the  military.  Officials  were  angry  because 
the  [)eople  were,  and  soldiers  must  needs  fight  because 
thiy  were  made  for  that  purpose.  The  army,  how- 
ever, gave  the  vigilants  but  little  trouble.  Those 
that  could  have  brought  matters  to  a  bloody  issue,  to 
their  great  praise,  be  it  said,  would  not;  those  who 
would,  fortunately  could  not.  The  navy  was  uiider 
tlu;  direction  of  one  less  discreet,  who  soon  began  to 
talk  loudly  of  annihilation.  Many  of  the  city  officials, 
feeling  their  own  weakness,  became  on  that  account 
all  the  more  desperate. 

But  few  of  the  United  States  authorities,  however, 
took  an  active  part  in  the  movement,  and  these  of 
course  ranged  themselves  on  the  side  of  law  and 
order.  Most  of  them  wisely  refused  to  interfere, 
deeming  the  conflict  one  of  those  local  disruptions 
which  would  spend  itself  soonest  if  left  alone.  Manv 
reports  at  various  times  were  in  circulation  to  the 
effect  that  the  United  States  forces  at  Benicia  and 
the  United  States  war  vessels  lying  in  the  haihor 
would  attack  the  Vigilance  Committee,  but  such  was 
never  the  intention  of  those  who  held  these  forces  at 
their  command.     General  Wool  preferred  rather  to 


AFTER  THE  SHOOTING. 


103 


keep  tho  United  States  out  of  the  affair;  and  to  this 
tiid  he  directed  Captain  Stone,  with  a  party  of  regu- 
lais,  t(j  proceed  to  liincon  Hospital,  where  were  four 
hv'j^r  pieces  of  ordnance,  and  remove  them  to  Benicia, 
that  neither  of  the  contending  factions  might  seize 
tliDiM.  This  was  a  wise  and  humane  proceeding.  He 
had  no  fear  that  Mr  Dempster  would  slioulder  the 
United  States  and  carry  it  off.  Further  than  this, 
will  II  (jJeneral  Wool  saw  with  what  wisdom  and  mod- 
eration the  Committee  were  acting,  and  how  lar_,e  a 
majority  of  tho  people  were  with  them,  he  addressed 
an  order  to  tho  United  States  officers  under  his  com- 
maiid  to  observe  the  .strictest  neutrality. 

It  will  be  remembered  that  it  was  on  Wednesday, 
the  14tli  of  May,  that  the  shooting  Mas  done.  And  we 
have  seen  how  quickly  the  officers  of  the  law  hastened 
t(»  the  protection  of  the  assassin  Casey,  how  they  de- 
fended him  at  the  jail,  and  how  the  criminal's  friends 
and  sympathizers  united  in  armed  .squads  for  his  pro- 
tection. Next  day,  Thursday,  there  was  scarcely  less 
activity  manifested  in  law  and  order  circles  than  at 
tlie  looms  of  tho  vigilants.  The  ptdice  force  was  in- 
creased, the  armories  were  replenished  and  jnit  in 
(inlir,  and  recruiting  and  drilling  were  prosecuted  vig- 
ejously.  The  sheriff  summoned  2>osse  after  jtosse  of 
those  on  whom  he  thought  he  might  relv,  and  armed 
them  for  the  defence  of  the  jail.  The  military  coin- 
lianies,  fagged  out  by  a  whole  day  and  night  on  duty 
at  the  jail,  on  Thursday  morning  were  dismissed  by 
('(tlonel  West.  During  the  day  a  detachment  of  the 
National  Lancers  rendezvoused  at  the  City  Hall,  sub- 
ject to  the  order  of  the  mayor.  The  citizen-soldiery, 
thciugh  hissed  and  hooted  at  by  the  excited  crowd, 
a(hnirubly  maintained  their  equanimity;  indeed  they 
Were  too  much  in  sympathy  with  their  assailants  to 
attempt  retaliation. 

l)y  Friday  morning  it  was  apparent  that  a  strong 
effort  was  being  made  to  organize  and  bring  out  the 
state  militia  to  put  down  the  insurrection.     An  order 


1G4 


GOVERNOR,  GENERAL,  AND  PRESIDENT. 


was  issued  by  the  sheriff  and  served  on  various  ))er- 
sons  favorable  to  the  cause,  calling  a  meeting,  Avhich 
was  held  at  the  place  and  hour  appointed.  Here  is 
the  order: 

"State  of  Califounia,  Cocnty  of  San*  Francisco. 

"  To ,  a  male  inhabitxint  of  said  county,  and  alx»ve  fifteen  years  of 

ngc:  Whereas,  I  have  gtjotl  reason  to  l)elieve  tliat  a  seriou".  hr«!iich  nf  the 
peace  and  riot  arc  to  bo  appreliended,  and  that  an  organized  attempt  vill  hu 
made  violently  to  wrest  from  my  custody  a  prisoner  committed  to  my  uiiur^u 
for  safe-keeping:  Now,  tlierefore,  l)y  virtue  of  the  autliority  in  r.ie  vi-sti'd, 
and  ill  the  discharge  of  my  duty  as  sheriH'  of  the  county  of  San  /"'raiuisco, 
you  are  hereby  commanded  to  be  and  appear,  at  half-past  three  o'clock  v.  m. 
this  Kith  day  of  May  a.u.  18.">(i,  at  the  Fourth  District  court-room,  in  tlic  city 
hall,  in  the  city  of  San  Francisco,  to  aid  me  in  the  execution  of  my  oliiciul 
duties  iu  the  premises. 

"San  I'ruuciiico,  May  10,  ISJG.  David  SrAXNELL, 

'^Sherif  of  the  County  of  San  I'ranciico." 

This  call  was  answered  by  some  sixty  promiiioiit 
men,  mostly  judges,  lawyers,  and  primary'  election 
manipulators,  who  expressed  their  willingness  to  tii^lit 
in  support  t)t'  law.  After  a  desultory  debate  the  fol- 
lowing resolution  was  adopted: 

"  Remlrfd,  That  we,  the  citizens  of  San  Francisco,  have  heard  with  p-eat 
regret  of  llie  injury  iiillicted  upon  Mr  King  by  one  Casey;  that  wc  di  pli- 
cate tlie  existence  of  the  present  exciteiiieiit  and  its  cause;  that  in  tiic  event 
of  the  death  uf  Mr  King  M'e  are  iu  fiivor  of  the  immediate  presentniciit  n\ 
Casey  liy  the  grand  jury,  his  immediate  trial  by  a  court  of  competent  jmnii- 
diotiou,  and,  it  convicted,  his  immediate  sentence  and  prompt  execution.  " 

The  meeting  then  adjourned,  and  soon  after  ilir 
men  of  law  met  and  placed  in  command  William  T. 
Sherman,  just  then  made  major-general  of  militia  \)\ 
the  governor.  The  jtarty  then  divided  into  companies, 
each  electing  its  own  captain ;  after  which  all  separated 
to  meet  at  half-j)ast  seven  that  evening. 

Those  detailed  by  the  sheriff  as  special  officers  wtTc 
tiien  ordered  to  repair  forthwith  to  the  jail  and  eiittf 
upon  their  duties  of  guarding  the  prisoner  and  inc- 
serving  the  public  peace.  About  one  hundred  iiifii 
were  }tlaced  on  guard;  sentinels  paced  to  and  fro  uiiou 
the  prison  walls,  and  others  were  stationed  with  loailc^l 


li  t; 


J.  NEELY  JOHNSOX. 


16.-) 


niu>kcts  in  front  of  the  promises.  Meanwhile  the  »,'()v- 
triit»i«>f  the  statc,at  Sacramento,  had  been  tek'gra[»lit'il 
liv  the  mayor  of  San  Frunciseo  that  his  presence  was 
1 1  ( juired.  The  governor  at  once  responded,  and  arii  vcd 
ill  till'  city  that  evening. 

r nfortunately  for  those  who  aimed  at  arbitrary 
justice,  James  King  of  Wihiani  liad  arrayed  against 
liim  not  only  a  large  class  but  several  classes.  The 
jnTss  111'  had  offended  because  lu;  had  castigated  all 
who  apologizi'd  for  iiregularities  in  public atfaii's.  The 
C.itiiolics  he  had  offended  because  he  had  taken  ex- 
(r|itions  to  certain  acts  of  their  clergy.  Citizens  from 
the  southern  states  he  had  offended  because  of  his 
.iiitagonism  to  their  ideas  and  codes  of  ehivah'v.  All 
these  elements  now  threw  their  combined  weight  upon 
the  side  against  the  Conmiittee.  It  was  assailed  as 
Kings  champion,  a  merchant-mob,  an  anti-slaveiy 
ial)ble.  This,  as  well  as  the  eiforts  of  the  mayor,  the 
shtiilf,  certain  of  the  military,  and  others,  pui)lic  and 
inivate,  to  su[)press  what  some  even  dignitied  by  the 
name  of  a  rebellion,  the  A'igiJance  Conuuittee  givatly 
r('L;i'ettt;d;  but  as  there  was  no  help  for  it,  tliev  ner\ed 
themselves  the  stronger  to  meet  the  issue.  Besides 
all  this,  and  in  addition  to  thi'  innumerable  (pu'stions 
heiuly  arising  within  the  Conuuittee  rooms,  they  wi'ir 
I'aif'ul  on  tlie  one  side  that  the  organized  masses 
wiiiijd  forget  themselves  and  open  an  assault,  nivl  en 
thi'  dtliei'  that  the  jirisoner  Casey  woukl  be  sjiiri'ed 
away.  undiT  thi' connivance  of  his  friend  the  yJieiilK 

The  governoi'  of  the  state,  whose  name  \\i>s  ,1.  Xei'ly 
.bihnson,was  not  a  man  of  pronounced  cbaractei".  Iw 
iimials  and  I'eligion  he  was  loo.se;  in  rectitude  and 
hiiiiesty  he  was  not  stern.  As  chief  magistrate  he 
was  artilicial  and  inconsistent;  he  could  not  play  any 
Very  deep  jiai't,  small  things  being  to  him  great,  and 
^'»eat  tilings  small.  Some  natures  are  more  suscep- 
til»le  than  others,  but  the  most  susceptibk'  are  not 
ahvays  tlie  most  profoundly  or  pernumently  niovi-d. 
Tile  land  is  more  (piickly  heated  by  the  sun  than  the 


SW/S 


IGC 


GOVERNOR,  GENERAL,  AND  PRESIDENT. 


soa,  but  the  sea  is  warmed  to  a  greater  depth  than 
the  land;  likewise,  the  land  loses  heat  more  rapidly 
1>V  radiation  than  the  sea. 

Of  more  natural  rectitude  than  Bigler,  he  had  n(»t 
the  cunning  of  Weller.  Left  to  himself,  the  Commit- 
tee would  have  had  no  trouble  with  him,  for  besides 
Ijuing  no  match  for  them  intellectually  or  practically, 
he  had  no  special  desire  to  injure  San  Francisco  or  to 
interfere  with  the  will  of  her  citizens.  But  he  was 
afraid  of  his  partisans.  Although  a  lawyer,  he  can-d 
little  for  the  law;  lacking  the  chivalrous  ideal,  he 
magnified  chivalry.  His  supporters  were  mostly 
among  tlie  political  and  oflice-holding  class,  though  he 
had  great  respect  for  tlie  beans  and  bacon  sellers,  V 
stupid  ruler  is  the  greatest  of  American  blessings  it" 
he  be  good-natured;  but  make  him  angry  and  he  \vill 
Itack  the  state  otf  a  precipice  and  carry  himself  with 
it.  Poor  ignoble  Johnson!  In  this  his  dire  dilenmia 
lie  was  cursed  alike  by  friends  and  foes,  and  never 
ngiun  in  the  eye  of  the  people  did  he  rise  to  conniinii 
respectability. 

The  Sacramento  boat  was  due  at  nine  o'clock.  At 
lialf-past  nine  on  the  Friday  night  of  Johnson's 
arrival  Coleman  received  at  Turn-Verein  Hall — tlie 
removal  to  Sacramento  street  not  having  yet  been 
made— a  message  that  the  governor  was  at  the  Cnii- 
tinental  Hotel,  that  he  desired  an  interview  with  the 
president  of  the  Vigilance  Connnitteo,  and  that  he 
would  r('])air  at  any  hour  to  any  j)oint  the  latter  might 
indicate.  Mr  Coleman  informed  the  messenger  that 
he  would  wait  upon  the  governor  at  his  hotel  imiiie- 
<liatv]y.  Without  pnlude  or  subterfuge  both  came  to 
the  (piestion  nt  onoe. 

"  What  do  you  want?"  demanded  the  governor. 

"  Pi'ace,"  lejilied  Coleman;  "and  we  v  ould  like  tn 
have  it  without  a  struggle." 

"  But  what  is  it  you  wish  to  accom[)lish?" 

"Much  that  the  vigilants  of  18.')!  aceomplishe  I: 
to  purify  the  moral  and  [»olitical  atmosphere,  to  <li 


ii 


A  PROMISING  INTERVIEW. 


107 


Avli.it  the  crippled  law  should  do  but  cannot.  This 
(IdiK,  we  will  gladly  retire.  Now  governor,"  contin- 
ued ('olenian,  "you  are  asked  by  the  mayor  and  cer- 
t;tiii  others  to  bring  out  the  militia  and  crush  this 
iiin\(iiRnt.  I  assure  you  it  cannot  be  done;  and  it' 
you  atteuipt  it,  it  will  cause  you  and  us  much  trouble. 
J)(t  ;is  MoDougal  did;  see,  as  he  saw  in  a  similar 
(Iciiioiistiation,  a  local  reform  merely.  We  ask  not  a 
silluK'  court  to  adjourn;  we  ask  not  a  single  officer  to 
v;u;iti'  his  })osition;  we  demand  only  the  entbrccment 
ot'tht'  laws  which  we  have  made.  It' you  deem  it  the 
(hity  of  ycjur  otRce  to  discountenance  these  proceedings, 
1(  t  yoiir  opposition  be  in  a[)pearance  only.  You  know 
the  necessity  of  this  measuie;  you  know  the  men  man- 
:i';ing  it ;  you  know  that  this  is  no  mob,  no  distempered 
faction,  but  San  Francisco  herself  that  speaks.  Leave 
us  alone  in  our  shame  and  sorrow;  for  as  (jrod  lives 
\vc  will  cleanse  this  city  of  her  corruption  or  jii^risli 
V, itii  lier.  So  we  have  Mwom.  Issue  your  ]»roclama- 
tioMs  if  you  feel  that  thf  iignity  of  the  law  may  bt; 
host  maintained  by  frowning  on  justice;  declare  your 
Hianifestoes  if  the  government  can  maintain  its  self- 
respect  only  by  public  protestations  against  virtue; 
Init  IcLve  us  alone  in  our  righteous  purposes." 

"Sir,"  saitl  the  governor,  taking  Coleman  by  the 
hand,  "go  on  in  your  work  I  Let  it  be  done  as  s[)eedily 
a>  iKissihle,  and  my  best  wislies  attend  you!" 

All  which  was  most  considerate  on  the  part  of  the 
U'nxcnioj';  most  benignant.  ITndoubtedly  he  was  sin- 
ciie  in  every  uttered  word;  at  that  time  he  intended 
111  do  as  lie  had  said.  But  Johnson  fell  on  evil  com- 
]iaiiiiniship,  and  Johnson  was  weak.  He  riMpiested 
(  oKnian  to  hasten  his  un<lertaking.  **  For,"  said  he, 
"tlic  oj)position  is  sti'origer  than  you  suppose,  and  tlu^ 
pi(ssui-e  upon  me  is  terrible."  After  some  conversa- 
tinii  conceiiiing  the  pj'isoners  who  wei'e  the  immediatt' 
cause  of  this  connnotion,  in  whi(;h  (Uileman  declined 
ill  any  manner  to  commit  himself  or  his  associates,  the 
g<'\eiii,,i- and  the  piesident  paited. 


108 


GOVERNOR,  GENERAL,  AND  PRESIDENT. 


Tf  at  this  juncture,  with  affairs  in   their  present 

{)<)siti()ii,  a  man  of  onlinaiy  firmness  and  diserction  li.id 
)een  at  the  head  (»t'  state  authority,  ter.  days  would 
have  seen  the  rc^fbrm  aceonjphshed  and  the  Conniiit- 
tee,  if  not  formally  disbanded,  essentially  so — ten  d.iys 
at  the  furthest.  Said  (rovernor  Footc  subsecjueiitly 
at  the  McGowan  trial  at  Napa:  "Had  Governor 
.fohnson  listened  to  me,  within  five  days  after  lie 
himself  had  ordered  the  surrender  of  the  jail  tlir 
Committee  would  have  been  dislianded,  and  all  tlic 
subsc!<|uent  difficulties  avoided."  But  coercion  forced 
U[)on  the  Connnittee  the  attitude  of  defence;  for  tli( 
thou<4"ht  of  retiring  from  their  unaccomplished  purjiose 
seems  ncxt-r  to  have  occurred  to  them. 

liater  that  sanu;  Friday  evening,  after  Ct)leniiiii 
had  ]'eturn(Hl  to  his  wt)rk  in  the  C/onunittee  room  at 
Turn-Verein  Hall,  a  messenger  brought  him  word  t!i;it 
several  gentlemt'U,  (Governor  Johnson,  Air  (Jarrisoii. 
(Jcneral  Sherman,  and  others,  were  at  the  door  ic- 
<|Uesting  an  interview.  Coleman  found  them  in  llir 
anteroom.  .Fohnson's  manner  was  changed.  He  li.nl 
evidently  Ikhwi  under  the  influence  of  the  opposiii;.; 
j>arty. 

"W(>  have  come  to  ask  what  you  intend  to  do," 
began  Johnson,  as  if  there  had  bi>en  no  ])revious  eoii- 
versation  upon  the  subject,  "and  to  ascertain  if  mat- 
ters cannot  be  aniicablv  settled." 

"Outrages  are  <^f  constant  oc(Mirronee;  our  suffrnuvs 
are  jtrofaned,  our  fellow -citizens  shot  down  in  iIm' 
stivet,  our  courts  afford  us  no  redress;  we  will  onduic 
it  no  longer."     Such  was  the  re[>ly. 

"1  agre(!  with  you  as  to  the  grievances,"  s<iid  tiic 
governor,  "but  I  think  the  courts  the  [)rojKn'  reniedv. 
The  judges  are  good  men,  and  tlien;  is  no  necessity 
lor  th(!  [K'ople  to  turn  themselves  into  a  mob,  and 
obstruct  the  ex<>cution  of  the  laws." 

"Sir,"  replied  Coleman,  "this  is  no  mob.  ^  :'H 
know  that  tliis  is  no  mob.  It  is  a  deliberative  Itody, 
regularlv  organized,  with  otHcers  idedged  to  do  th  ir 


PUTTIXG  ON  THE  GLOVES. 


IG!) 


>|>OSlll^r 

:,()  (li»,' 
ms  rdll- 
l'  inat- 

iirrnu*  ••- 

ii)    llif 
>'ii(lure 

lid  tlic 

1),  ami 

■  I  km!;-, 
.,  til  ir 


(lui\.  It  is  a  governmeiit  Avitliiu  .a  tfovornincnt,  the 
\(  i\  heart  of  govornmont  ])ulsating  under  the  jioison- 
()ii>  .  lUcts  of  unrebuked  villainy." 

"Tlie  opposition  is  stronger  than  yon  iinnglne," 
i'()iitiiiut'(l  the  governor;  "there  is  danger  to  the  eity, 
Micit  dang(!rof  bloodshed,  which  should  be  iiro\eiited 
it'  jiiissible.  It  nuiy  be  necessary  to  luring  out  all  the 
jiiivr  at  my  command.  I  would  suggest  that  you 
take  MO  active  steps;  liold  yourselves  together  if  you 
like,  l>ut  leave  the  cause  of  Casey  to  the  courts;  and 
I  |.li''Igt>  myself  in  his  fair  und  speedy  trial,  and  the 
iiiiiiicdiate  execution  of  his  sentence." 

•'That  will  not  satisfy  the  pe(){)le,  who,  Imwever 
till  V  may  regard  your  intention,  will  doubt  \oui- 
iihilify  to  keep  such  a  promise."  was  the  i'<'j)]y.  Tlic 
(■(-iivcrsation  became  general.  Shortlv  after  C.'olemau 
witlidj'cw,  saying  thut  he  could  take  no  steps  of  a 
il  liiiitc  charactei'  without  consulting  his  associate.;. 
Ill'  bricily  rcport(;d  the  conversation  in  the  Executive 
i.Miiii,  where  the  governor's  pro[»o«als  met  with  j)rompt 
(!isaji[»robation.  Retm-ning  t(»  the  coniercnee  v.itli 
^bssi's  Truett.  Arrington,  and  others,  Mr  CoK'man 
ifjicated  the  governor's  pro}>osition,  that  there  miglit 
'u;  no  misunderstanding,  and  again  the  oliicials  were 
i'-.surcd  that  tlierc  couM  be  no  i)ossibilitv  of  anv 
lialtiiig  or  concession  on  the  }>art  of  the  peo[)le. 

It  was  tlien  suggested  by  a  member  of  the  I'^xecu- 
ti\c  that  tile  ( 'onnnittee  siiould  promise  to  take  no 
attivf  ^teps  against  the  jail,  or  the  prisoners,  without 
iir.st  L;ising  the  governor  notice  of  such  int«'ntion,  p)'o- 
M  Ird  the  (^)mmittee  shoukl  be  [lermitted  to  place  in 
tlif  jail  a  s(|uad  of  say  ten  of  thcii'  own  men  to  act 
ill  liiiijmu'tion  with  the  state  and  county  ofHcers  t<' 
insure  to  tin-  ])(H»ple  the  safety  of  the  [)risoners. 
Tliis  guard  should  be  furnished  food  ai\d  comibrtaldc 
•  jiiailcrs,  and  should  be  treated  In  every  I'csprct  as 
hi'iaiiie  the  pe(vpl(.'"s  representatives,  and  smli  gua;. I 
liii'^lit  i»c  relieved  as  often  as  the  Committee  desired. 
liii-  conceded,   the  Committee  woidd  remain  (|iiiet 


■!; 


170 


GOVERNOR,  GENERAL,  AND  rRESIDENT. 


M7 


for  the  present;  and  if  at  any  time  they  <)  ired  to 
Avitlidruw  IVom  the  compact,  they  reserved  the  li'^ht 
to  do  so  on  withdrawing  their  guard  from  the  prison 
and  giving  the  governor  formal  notice  to  that  ofKct. 
A  guard  of  tliirty  under  Ohiey  had  been  jJaced  rouml 
the  Jail  Tluirsday  night.  These  in  citizens'  dress,  with 
jio  distinguisliing  badge,  armed  only  with  revoivii  s 
and  frecjuently  relieved,  stood  round  the  enclosjiiv 
and  at  the  o[>enings  communicating  with  the  strict 
to  sec  that  none  escaped.  But  it  was  more  fittiii;' 
the  vigilant  guard  should  stiuid  within  the  walls.  In 
all  this  tiic  Committee  did  not  ask  possession  of  the 
jail  or  of  the  prisoners;  but  the  measure,  if  adopts  1, 
A\ould  bo  i(>garded  as  purely  })reeautionary,  that  tin.' 
people,  who  were  ap|)reliensive  of  the  esca[>e  of  tlic 
]))isoiiors.  and  who  demanded  action,  miglit  be  ;i- 
.siired  of  the  security  of  the  men-killers  there  eonliiiid. 
This  was  finally  agreed  to  on  both  sides.  The  gov- 
ernor and  his  attendants  withdrew,  and  proceediii'^  t  > 
the  jail  ^ '  .e  instructions  that  the  vigilant  guard  li' 
adniittofl.  Ifalf  a  score  of  ]iicked  men,  under  Iv.u 
good  olHcers,  were  inunediately  des[)atched  thither  l>y 
the  Committee  to  carry  out  the  arrangements, 

This  was  (ioverner  .Johnson's  third  mistake  on  that 
Hingl"  Friday  night.  First,  he  should  have  kept  away 
f.oiii  ilu!  Comniittee  ••/i(»r<'ly,  whether  he  propo-^r;! 
to  countinanee  <»r  f<>  crush  it.  Secondly,  referring  tn 
liis  /oi'ssf  r ^(t/rc  p<»licy,  he  sliould  have  done  witli«'ut 
]»Ie<lging  himself,  what  he  ])ledged  himself  to  do  ;iih1 
did  not.  Thiidlv,  to  brant!  the  i^atherinLT  a  l)aiiil  I't' 
rebels,  and  tlieu  to  ti'eat  with  them  to  their  Mdv.'nit;>.;v, 
was  the  \(ry  irony  <>f  wisi'  rulership. 

Ntixt  morning,  Saturday,  it  came  to  the  ears  nf  tin 
Connnittee  that  the  governor  and  his  confreres  liiid 
exjiressed  tlieir  doubts  as  to  the  maintaining  <>t'  ilh 
compact  of  the  night  previ(»us  on  the  pait  of  ili 
Cttuunitteo.  In  announcing  to  tlu'ir  l)arty  the  teiiii- 
of  the  compact,  they  had,  moreover,  either  intcn- 
tionallv  or  otherwise,  misconstrued  them,   in  h'''! 


SUBTERFUGE. 


171 


I  "ircd  to 
the  rinlit 
he  prisdii 
liat  olK'ct, 
L'cd  rouiifl 
Iross,  with 
rovolvi'r:i, 
onclosuro 
tlio  .street 
jrc  iittii);' 
walls,  ill 
ion  of  tin.' 
f  luloptnl, 
',  that  tliL' 
i[)e  of  tlu! 
;lit   hv  ;is- 

O  0Olll'lllt'(!. 

The  u'lv- 
(ccctliii'^'  t'l 
,  {jjuard  Ik- 
luiider  two 

thither  hv 

its. 

ko  on  that 

kept  iiw.iy 
])roj>OM;l 
trVrill!^'  tn 

lie  without 
to  do  .-iinl 
a  l)aiMl  "t 

lidv;ilit;i;^f, 

bars  of  till 

'"/Y'/r.v   li:i<l 
|ill<jr  (it'   till' 

Irf  of  tli>' 

the  tenii-^ 

lior  inleii- 

ill    letter 


!iii(!  ill  sjiirit.  They  affirmed  that  thi.s  truce  extended 
((,  ;i  jM  imanent  armistice,  almost  to  a  surrender  of 
ii:^lit  :»f  notion  on  the  part  of  the  Committee;  that  in 
jiviiiliii!.;'  themselves  of  the  permission  accorded  the 
Cuiiiiuittee  to  introduce  into  the  prison  their  guard 
jor  ilic  I'liither  .socurity  of  the  prisoners  and  the  satis- 
iln'tjon  of  the  people,  the  promise  was  im[)lied,  if  in- 
deed it  had  not  been  expressed,  that  the  case  should 
],r  left  t<)  the  courts,  and  that  the  pe()[)le  shoultl  not 
iiitci't'ere. 

It  was  a  source  of  gr(;at  surprise  to  the  Coumiittee, 
will"  had  entered  into  this  compact  in  i)erfect  good 
ihitli,  and  who  had  taken  special  pains  that  there 
.slioidd  he  no  misunderstainling  of  its  terms  on  (hither 
•idc,  to  learn  tlu;  C(»nstruetion  now  jtlaced  uj»on  it  hy 
tlieii'  opponents;  it  was  mortifying  to  them.  They 
I'clt  aggiieved  at  the  false  position  in  whicli  the  gov- 
( riior  and  his  associates  wisheil  to  place  tlu-m.  In 
tlnir  sii)gli!-hearte(hicss  of  purpose  they  could  not 
uiiderstaiid  wJiv  men  pretending  to  have  in  view  only 
the  welfare  of  the  eity  .should  wish  to  jjla}'  the  eitizens 
false.  They  could  account  for  this  stratige  miseon- 
>tiii(tinii  of  so  ])lain  a,  proposition,  limited  t(j  tin;  single 
ji^ix'eiiient  on  the  part  of  the  Conunittee  n(»t  to  move 
nil  the  jail  while  their  guard  was  there,  oidy  in  one 
uf  two  ways:  either  their  error  arose  from  coniiision 
t'f  mind  incident  to  the  excitement  attending  their 
iin\(I  position  before  the  peo[)le's  representatives,  or 
else,  their  I'yes  being  o]iened  to  their  mistake,  jmd  un- 
willing to  be  T'egarded  in  the  light  of  |)oliti('al  and 
iiiiliiaiA  leaders  out\\  it  ted  andoutu'eneraled  l>v  idcbeian 
iiircii.iiiieal  non-[)rofessionals,  they  sought  to  hide  their 
fault  imder  this  base  sid)terfuge. 

Ihit  little  it  availed  tlu  m.  The  Committee,  who 
\V(i'('  uH'n  careful  to  promise  and  strict  t(»  })erfonn, 
mill  to  whom  chicanery  and  duplieity  were  straiigt'rs, 
Hull  who.so  art  was  common-sense,  whose  shrewd  wis- 
il'Hii  the  energy  of  high  and  honorable  enthusiasm — 
tlnM'    will    know    the    terms   of   the   compact,   well 


1^ 


179 


GOVERNOR,  GENERAL,  AND  PRESIDENT. 


I  i, 


':  P'% 


rciiicmbcred  what  they  had  promised,  and,  knowing. 
they  proposed  to  do  that  and  nothing  else.  I  caniint 
write  these  vigilant  leaders  down  knaves  or  fool.-,  m 
I  must  needs  do  in  order  to  entertain  lor  one  nioniciit 
the  charge  thus  laid  at  their  door  by  the  opposition. 
For  first,  tliey  well  knew  they  could  not  sto[>  tin- 
movement  if  they  would;  that  with  five  thousauil 
dec])ly  determined  men  at  their  back,  men  of  whom 
tliey  were  but  the  mouth-piece,  they  might  as  \\t!l 
hope  to  dam  Niagara  with  a  handkerchiuf  as  to  divert 
the  people  from  their  })uri)ose.  And  secondly,  the 
Executive  themselves  M'ould  have  died  sooner  thaii 
have  i'orfeited  their  oath  and  honor,  betraved  the 
trust  imposed  upon  them,  and  slunk  back  to  theii 
homes  the  slaves  of  villainous  circumstance.  Thcv 
never  i)r<miised  t )  rest  their  proceedings  at  this  jtoint: 
they  oidy  agreed  that  their  i»rison-guard,  introduced 
bv  courtesy  of  the  authorities,  slumld  satisfv  thtii 
c«  lleagues  for  the  moment,  and  should  not  at  anv  tiim 
be  em[)loyed  as  the  entering  wedge  to  their  own  aih 
mission  into  the  prison.  And  they  never  were  so  em- 
ployed in  tlie  slightest  degi'ce.  The  stipulation  wa- 
of  no  collateral  benellt  whatever  to  the  (,'ommittef; 
the  introduction  of  their  prison-guard  within  the  walN 
was  for  the  simple  object  expressed  by  them  at  the 
time,  and  for  nothing  more. 

Later  on  Saturday,  hearing  the  construction  placid 
by  the  governor's  party  on  the  compact,  all  t\\c  iiieia- 
bers  who  had  met  the  party  the  night  [irevious  bchi- 
present,  the  executive  connnittee  passed  resolution 
that  tliev  would  make  no  change  in  their  ])osition  at 
the  county  jail,  and  had  then  no  further  answii'  to 
make  the  authorities,  who  questioned  tliem  as  to  their 
l)urj)osc.  Thoy  i-esolved,  moreover,  that  they  would 
notify  the  governor  that  they  would  maintain  the 
treaty  made  with  him  th:^  evening  ])rcvious,  and  iliat 
the  same  involved  no  pledges  on  the  i)art  of  the  Com- 
mittee, except  that  they  wouhl  make  no  attack  on  the 
jail  while  their  guard  remained  within  it. 


INCONSISTENCY. 


173 


fioiKral  Sliornmn  seemed  not  unwilling  for  an  op- 
p  utiiiiity  to  display  his  military  genius  in  mustering 
I'oivis  tor  an  attack  on  his  follow-citizcns.  As  to  the 
]\<j}[t  and  wrong  of  the  principles  at  issue  he  was 
as  (Mpahle  of  judging  as  the  average  citizen  <»f  San 
Fiancisco;  not  more  so.  He  did  not  herein  display 
aiiv  iiiiiarkahle  l)readth  of  intellect  or  precision  of 
tliouu'lit.  He  was  a  good  soldier;  he  could  plan 
caiiipaiLjns,  and  move  regiments  with  skill  and  success, 
hut  tlu'se  duties  were  no  aids  to  clear  unhiased 
judgnicnt.  He  was  chivalrous  and  loyal,  but  these 
arc  lint  the  media  through  which  the  mind  arrives  at 
just  (lisdiminations.  Made  mechanical  l)y  body  drill, 
mind  (hill,  and  soul  drill,  in  feeling  and  in  principle, 
wIrii  the  high-priest  of  his  profession  was  touclicd, 
r\tii  ill  the  hem  of  its  garment,  careless  of  the  hu- 
iiiaiic  and  just,  he  was  as  ready,  ay,  apparently  more 
ready,  more  eager  to  slay  the  righteous  than  the 
\vick(.'(l. 

It  ill  became  one  so  rcadv  himself  to  break  the  law, 
v.lu'iicvcr  passion  or  prejudice  dictated,  to  manifest 
>ui]i  innvderous  ambition  when  his  nei<xhbor  l)rok('  the 
law  upon  necessity  and  high  moral  principle.  I'pon 
this  principle  of  vigilance  Sherman's  ideas  seemed 
soiiiewliat  erratic.  In  a  former  chapter  I  have  s[)oken 
if  liis  going  to  the  u[)per  iloor  of  his  building  and 
tliivateiiing  to  throw  Casey  and  his  prhiting-press  out 
'>{'  the  window  if  he  did  not  cease  the  pubhcation  of 
< vitaiii  obnoxious  articles,  which  was,  to  say  the  least, 
;iii  nicrgetic  demonstration  for  a  chamjnon  of  l.iw  and 
lU'dir.  Again,  I  mentioned  the  fact  of  his  rolling  off 
the  wharf  at  Montere}- certain  casks  of  brandy  whoso 
'■■Miteiits  jiiid  intoxicated  his  thieving  soldiers,  which 
iii.iiiiicr  of  procedui-e  in  such  cases  I  fmd  nowhere 
laiil  down  in  statute-books.  Yet  another  fact  ])oints 
t'l  I'cdiiig  rather  than  thoughtful  considerati(*n  as 
til''  'io\  (Tiling  principle.  Siil)seribing  funds,  in  com- 
iii'ii,  with  other  bankers  and  business  nu^n,  for 
tlif  sui»port  of  the  Vigilance  Committee  at  the  out- 


I 


174 


GOVERNOR,  GENERAL,  ANT)  PRESIDENT. 


11 


Kot,  when  luudo  general  of  militia  by  Governor  Jolm- 
son,  and  j)laced  at  the  head  of  the  forces  orpfaiiizi.d 
lor  crusliing  the  movement,  he  refused  to  pay  his  su!.. 
scrijition.  How  different  such  conduct  from  tlmt  (f 
those  whom  for  the  exercise  of  their  fixed  and  unsdilsli 
jirincipk's  he  would  have  slain! 

And  yet  another  inconsistency  of  Sherman's  wliidi 
I  had  omitted.  Strange  how  these  things  come  tn 
one  when  once  the  subject  is  started.  To  Cajitjiiii 
Dinnnick  of  San  Jose,  W.  T.  Sherman  writes  the 
22d  of  December  1848  concerning  certain  irrt^ulai' 
though  perliaps  quasi  legal  executions.  I  quote  I'lKia 
the  original  letter: 

"I  received  your  note  a  few  days  ago,  and  assuro 
you  I  was  well  pleased  to  hear  of  your  election  jiikI 
that  you  had  hung  those  three  men.  You  may  iL>t 
assured  that  Col.  Mason  fully  approves  of  the  step- 
as  he  will  in  all  cases  when  he  finds  that  the  accused 
have  fair  trials.  A  good  many  men  will  have  to  hu 
swung  before  an  honest  man  can  travel  in  the  couutiv. 
Ord  lias  gone  down  to  see  about  the  S.  ]\Iiguel  iiiui 
der.  I  expect  every  day  to  hear  that  they  too  li.iw 
been  hung.  An  alcalde  can  execute  any  sentence,  in 
my  opinion,  when  the  jury  sentence  and  he  feels  tlmt 
there  is  no  doubt.  The  only  danger  is  that  .some  may 
act  too  hastily  and  hang  the  wrong  man.  Such  will 
not  be  the  case  when  the  alcalde  is  a  discreet  iikui. 
Capt.  Ingalls  has  just  returned,  and  tells  me  that  oik 
man  of  that  gang  was  whipped  and  the  other  twit 
were  awaiting  trial.  If  they  are  guilty,  they  toti 
should  be  made  an  example  of,  for  then  the  many 
robbers  will  see  a  determination  to  punish  and  will  la 
careful  what  the}'  do.  I  think  a  good  record  of  c;u  li 
case  slundd  be  kept,  so  that  the  territory  would  at  im 
future  time  be  accused  of  encouraging  lynch  law.  I 
write  this  privately,  as  you  know  my  office  is  in  the 
military  branch  of  government — not  civil.  I  shall 
always  be  glad  to  hear  IVom  you  and  will  serve  you 
in  any  way  in  my  power." 


POPULAR  POWER. 


175 


Thus  \.o  sec,  originatin((  from  the  same  houivo, 
three  forms  of  j)opular  power,  the  civil,  the  military, 
and  tlic  social,  apparently  opposed  to  each  other.  In 
icality  there  was  no  antagonism  between  them.  But 
it  ivijiiired  more  than  human  discretion  for  each,  under 
taiilali/.ing  and  untried  circumstances,  to  maintain 
that  just  equipoise  which  would  avoid  any  display  of 


|.ri(le,  })assion,  or  prejudice. 


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23  WEST  MAIN  STREET 

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CHAPTER  X. 


ATTACK  ON  THE  JAIL  AND  SEIZURE  OP  PRISONERS. 


Let  them  call  it  mischief, 
When  it's  past  and  prospered  'twill  bo  virtue. 

Ben  Jonaon. 

Saturday  afternoon  the  marshal  was  ordered  to  re- 
view the  troops,  and  to  have  his  whole  force  under 
arms  at  eight  o'clock  next  morning.  Fifteen  Imii- 
dred  infantry,  besides  several  companies  of  cavalry, 
and  a  fine  park  of  artillery,  with  pieces  of  various 
calibre,  were  reported  ready  for  service.  More  would 
be  on  the  ground  before  sunrise.  During  the  evening 
the  Committee  examined  their  forces  in  person,  and 
found  that  a  remarkable  degree  of  proficiency  liad 
already  been  attained.  The  men  were  full  of  enthu- 
siasm ;  they  expected  something  to  be  done,  they  wore 
impatient  for  it.  Of  the  regular  vigilant  military 
there  were  at  this  time  twenty-six  hundred,  with  about 
four  hundred  under  arms  who  had  not  drilled  in  anv 
(company.  These  latter  were  assigned  to  guard  and 
other  duties. 

The  time  was  at  hand.  The  determination  to  move 
on  the  jail,  demand  and  take  the  men  Casey  and  Cora, 
bring  them  to  the  Committee  rooms,  give  them  a  trial, 
and  if  found  guilty  to  inflict  punishment  upon  tin  in, 
began  to  assume  form.  The  guard  should  bo  with- 
drawn, and  the  governor  notified  according  to  agree- 
ment. In  pursuance  of  the  right,  though  extraordinary 
measures  seemed  necessary,  nothing  should  bo  done 
that  might  not  bear  the  scrutiny  of  honorable  men, 
nothing  that  should  stain  the  fairest  integrity. 

Colonel  Olney  was  sent  for.     "Will  you  accept  the 


PLAN  OF  THE  ATTACK. 


177 


PRISONERS. 


command  of  a  picked  company  in  an  important  and 
somewhat  perilous  movement  under  contemplation?" 
asked  a  member. 

"  I  will  with  thanks,"  was  the  reply. 

"Choose  then  out  of  all  the  vigilant  forces  of  what- 
soever companies  sixty  men.  Let  them  be  those  who 
have  seen  service,  if  possible.  In  any  event,  accept 
none  but  men  of  unflinching  bravery;  let  them  know 
that  they  are  chosen  for  the  post  of  danger,  which  is 
the  post  of  honor,  and  permit  none  to  serve  who  shall 
not  so  esteem  it." 

Ac(X)inpanied  by  two  members  of  the  Executive, 
Olney  then  visited  the  different  companies,  and  re- 
quested their  several  commanders  to  call  forward  such 
as  had  served,  and  who  were  willing  to  volunteer  to 
go  to  the  front  on  dangerous  duty.  A  rush  from  all 
quarters  was  the  result;  and  for  every  one  taken  five 
disappointed  applicants  were  left. 

The  selections  completed,  the  men  were  ordered  to 
meet  immediately  at  head -quarters.  John  S.  Ellis 
was  made  first  lieutenant,  and  J.  V.  McElwee,  George 
F.  Watson,  H.  H.  Thrall,  Asa  L.  Loring,  and  H.  L. 
Twiojrs  were  named  as  assistants.  Then  all  v/ent  to 
drilling,  working  heads  as  well  as  heels  and  hands, 
and  twelve  o'clock  that  night  saw  the  little  company 
in  very  good  condition.  "  There  they  are,"  said  Olney 
proudly  to  the  Executive  next  morning,  "there  they 
are,  every  man  of  them  of  good  tough  courage,  and 
you  can  handle  them  as  well  as  any  old  soldiers." 

Taking  a  map  of  the  city,  the  president  entered  the 
marshal's  room,  and  the  two  seated  themselves  at  a 
table.  The  entire  vigilant  force  was  then  divided 
into  squads  and  companies,  and  the  position  of  each 
assigned.  The  time  required  for  each  division,  march- 
ing by  a  designated  route  from  the  place  appointed  to 
roach  the  prison,  was  carefully  estimated.  A  plan 
was  drawn  of  an  attack;  and  the  marshal  was  in- 
structed to  station  his  several  divisions  at  the  places 
Hulicated,  and  at  a  given  moment  each  was  to  move. 

Pop.  Twb.,  Vol.  II.    12 


173      ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 


No  commanding  officer  of  a  division  was  to  know  the 
orders  given  to  the  commanding  officer  of  another 
division.  Each  had  only  his  own  duty  to  do;  ami 
this  was  made  so  simple  that  there  could  be  no  mis- 
take. Starting  from  one  point  at  a  given  time,  and 
marching  by  a  given  route,  he  must  be  at  another 
given  point  at  another  given  moment,  neither  sooner 
nor  later;  and  there  must  be  no  mistake  about  it. 

Early  Sunday  morning  the  Executive  were  in  close 
conference.  It  was  agreed  that  all  business  connected 
with  the  association,  other  than  that  immediately  in 
view,  should  rest;  that  there  should  be  no  admission 
of  members,  no  granting  of  interviews,  or  examination 
of  reports,  and  that  no  member  entering  the  general 
rooms  that  morning  should  be  allowed  to  leave  the 
premises  without  the  special  permission  of  the  Exec- 
utive. The  most  inviolate  secrecy  was  charged  on 
all.     The  mouth  of  him  receiving;  orders  was  heriuet- 

•  •  •  •  • 

ically  sealed,  and  though  his  mind  might  conjecture 
what  others  were  to  do,  his  ears  were  open  only  to 
what  concerned  himself  In  view  of  the  inexperience 
of  officers  as  well  as  men,  a  committee  for  the  dav 
was  appointed,  known  as  the  war  committee,  with 
power  to  cooperate  with,  and,  if  need  be,  to  direct  the 
marshal.  This  committee  was  composed  of  Truett, 
Osgood,  H.  S.  Brown,  and  the  two  Thompsons.  Mr 
Smiley's  name  Avas  subsequently  added  to  the  others. 
One  hundred  picked  men,  of  whom  Erink  was  one, 
were  ordered  to  station  themselves  upon  the  hills  in 
convenient  proximity  to  the  jail.  They  were  armed 
only  with  pistols,  and  these  concealed;  they  were 
likewise  scattered  so  as  not  to  attract  attention.  They 
took  their  position  at  half-past  ten,  at  which  time  the 
jail  was  well  defended  by  the  roughs.  At  half-past  nine 
o'clock  the  Committee's  guard  was  withdrawn  from  the 
jail,  and  the  following  letter  sent  the  governor: 

*'  To  Ilia  Excellency  J.  Ncely  Johnson: — 

"Dear  Sir:  We  beg  to  advise  you  that  we  have  withdrawn  our  guard 
from  the  county  jail. 

"  By  order  of  the  Conunittee.  No.  33,  Secretary." 


PRELIMINARY  MOVEMENTS. 


179 


The  plan  of  attack  was  as  follows:  Certain  divis- 
ions were  to  rendezvous  at  certain  points,  for  the  most 
part  at  their  respective  drill-rooms  or  other  more  con- 
venient spot.  The  main  body  was  to  start  from  the 
Committee  head-quarters  on  Sacramento  street.  At 
the  appointed  moment  all  were  to  move,  and  approach- 
in<T  the  point  of  convergence  by  different  routes,  each 
was  to  take  the  position  assigned  it.  This  was  ar- 
ranged so  that  there  should  be  two  bodies  on  Broad- 
way immediately  in  front  of  the  jail,  one  approaching 
bv  the  streets  on  the  east  side,  and  the  other  by  the 
streets  on  the  west  side,  and  on  the  hills  north  of  the 
jail  another  body.  These  in  taking  their  position 
should  march  and  countermarch  before  the  prison,  in 
order  to  display  somewhat  their  prowess  and  give  time 
for  reflection  to  those  within.  Their  movements 
should  be  watchful,  but  deliberate.  Round  every 
lilock  in  the  thickly  settled  portions  of  the  city  squads 
were  stationed  and  patrols  doubled,  that  no  advantage 
might  be  taken  of  the  absence  of  citizens  from  their 
homes  by  house-breakers  and  thieves.  Instructions 
were  peremptory  that  there  should  be  no  nois}''  dem- 
onstrations, no  shouting  or  cheering,  nor  even  loud 
talking.  It  was  a  solemn  assembling  for  solemn  pur- 
poses; and  let  every  participant  in  the  proceedings 
tee!  the  weight  of  responsibility  resting  on  him. 

It  is  sufficient  for  us  to  follow  the  main  body,  which 
foiined  at  head-quarters  on  Sacramento  street.  By 
nine  o'clock  the  streets  in  that  vicinity  showed  unusual 
signs  of  life  for  a  quiet  Sunday  morning.  Those  in 
the  in)nicdiate  neighborhood  began  to  inquire  what 
Nvas  to  be  done,  but  they  received  no  satisfactory 
reply.  Any  one  might  surmise,  but  no  one  had  aught 
to  say. 

Colonel  Olney's  company,  called  the  Citizens'  Guard, 
was  placed  at  the  head  of  the  column,  it  being  their 
duty  to  act  as  executive  escort  and  more  immediate 
guard  of  the  prisoners.  Next  after  them  was  company 
11,  under  Captain  Donnelly  and  Lieutenant  Eastman, 


180       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 


followed  by  a  French  company,  Captain  Richard; 
then  a  German  company,  and  so  on.  Aaron  M.  Burns 
was  on  the  grand  marshal's  staff  with  the  rank  of 
major,  and  commanded  the  battalion  that  brought  the 
prisoners  from  the  jail.  Olney  ranked  next  to  the 
grand  marshal;  his  company* of  sixty  on  this  occasion 
were  already  equivalent  to  veteran  soldiery  and  wore 
in  every  respect  to  be  relied  upon. 

Behold,  then,  this  citizen  army,  men  of  every  caste 
and  calibre,  thus  so  suddenly  and  unexpectedly  fused 
by  an  idea.  There  was  the  baker,  dusty  from  his 
kneading-trough ;  the  brewer,  fragrant  with  the  odors 
of  his  occupation ;  the  auctioneer,  with  his  voice  tuned 
to  command ;  while  the  mild-mannered  banker  and  the 
quiet  merchant,  who  were  fit  for  nothing  else,  were 
put  into  the  ranks  beside  their  own  clerks  and  porters. 

Just  before  marching,  Olney  addressed  his  company: 

"  The  duty  is  one  of  danger,"  said  he.  "I  would  not 
have  you  taken  unawares.  The  company  is  dismissed 
for  ten  minutes.  Any  one  who  does  not  wish  to  risk 
his  life  is  excused." 

Not  a  man  of  them  moved. 

Shortly  before  twelve  the  order  was  given  to  march. 
Their  course  was  up  Sacramento  street  to  Montgomery, 
along  Montgomery  to  Pacific,  thence  to  Kearny,  and 
along  Kearny  to  Broadway  and  the  jail  grounds.  A 
solid  body  of  glistening  bayonets  occupied  the  street, 
while  on  either  side  pressed  a  throng  of  spectators. 
increasing  at  every  step,  and  the  whole  living  mass 
moved  simultaneously  forward,  past  doors  and  win- 
dows filled  with  curious  lookers  on,  toward  the  jail. 
And  this,  while  worshippers  were  praying  in  the 
churches  to  be  delivered  from  the  evil,  and  while  the 
wife  and  children  of  Casey's  victim  were  tremblingly 
watching  death's  creeping  shadow.  Before  the  moving 
of  the  main  body,  and  besides  those  who  had  set  out  for 
the  jail  from  their  own  quarters,  several  companies 
filed  out  of  the  Committee  rooms  and  took  ditferent 
routes  to  Broadway,  those  starting  first  taking  the 


THE  CHAMPION  BLASPHEMER. 


181 


longest  route,  so  as  to  bring  them  all  upon  the  spot  at 
precisely  the  same  moment. 

Everybody  in  those  days  knew  Colonel  Gift — a  tall, 
lank,  empty-bowelled,  tobacco-spurting  southerner, with 
eyes  like  black  burning  balls,  who  could  talk  a  company 
of  listeners  into  the  insane  asylum  quicker  than  any 
man  in  California,  and  whose  blasphemy  could  not  be 
equalled,  either  in  quantity  or  quality,  by  the  most 
profane  of  any  age  or  nation.  Gift  was  standing  on 
the  street,  opposite  the  St  Nicholas  Hotel,  talking  with 
a  New  Hampshire  lawyer  named  Grant  as  the  great 
body  of  merchants  and  mechanics  filed  past. 

"  I  tell  you.  Grant,"  said  he,  "when  you  see  these 
damned  psalm -singing  Yankees  turn  out  of  their 
churches,  shoulder  their  guns,  and  march  away  like 
that  of  a  Sunday,  you  may  know  that  hell  is  going  to 
crack  shortly!" 

The  jail  was  a  strong  one-story-and-basement  edifice, 
with  heavy  walls  of  brick  and  stone,  the  upper  portion 
of  which  was  not  yet  completed.  It  stood  on  an  em- 
bankment, since  cut  down  to  the  street,  and  the  front 
door  was  approached  by  steps  badly  constructed  from 
the  veritable  lumber  used  as  a  gallows  in  the  hanging 
of  the  poor  Mexican,  before  mentioned,  on  Russian 
Hill.  The  rooms  and  cells  were  in  the  then  half-story 
or  basement  which  opened  on  these  steps  leading  down 
the  embankment  to  the  graded  street;  its  flat  roof  was 
overlooked  by  residents  above  Stockton  street  and 
those  upon  the  sides  of  Telegraph  and  Russian  hills. 

The  street  called  Broadway,  on  which,  between 
Kearny  and  Dupont  streets,  the  jail  was  situated, 
when  graded  cut  through  the  base  of  Telegraph  Hill. 
At  this  time  the  street  was  not  open  to  the  city  front. 
Between  Montgomery  and  Sansome  streets  was  a 
high  blufi*,  commanding  a  fine  view  of  the  ground  in 
front  of  the  jail,  particularly  suiting  such  spectators  as 
delighted  in  a  little  distance  between  them  and  the  bel- 
ligerent citizens.  All  the  streets  for  blocks  to  the 
south  and  west  lay  open  to  the  beholder,  so  that  the 


182       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 

simultaneous  doings  in  each  could  be  easily  wit- 
nessed. 

Seen  from  this  spo*^^,  the  assembling  of  the  vigilants 
was  grand  in  the  extreme.  Up  Montgomery  street 
they  came,  up  Kearny,  Dupont,  and  Stockton;  ii|) 
through  the  cross-streets,  and  forward  and  backward 
from  street  to  street  as  each  company  had  been  aj)- 
pointed.  Column  after  column  marched  up  to  the 
prison,  some  passing,  wheeling,  and  countermarc'hiii<if 
to  their  places  with  fixed  bayonets  and  military  pre- 
cision. In  their  plain  attire  the  men  were  less  con- 
spicuous than  their  arms.  The  streets  seemed  filled 
with  a  solid  blue  of  steel. 

Just  as  the  column  began  to  move,  Mr  Watkiiis, 
one  of  the  most  active  and  reliable  upon  the  vigilant 
police,  was  ordered  to  take  two  carriages  from  the 
Plaza  and  drive  directly  to  the  jail.  He  had  been  there 
but  a  few  moments  when  he  found  himself  hcrameil  in 
on  every  side.  All  the  avenues  leading  to  the  spot  were 
suddenly  filled  with  soldiers,  and  house-tops  rountl  the 
jail  were  taken  possession  of  by  vigilant  riiloinen. 
Twenty  thousand  persons  had  by  this  time  gatliered 
upon  the  hills  adjacent  as  spectators  of  whatever  was 
to  happen. 

"  Having  only  a  moderate  military  experience,"  says 
Mr  Coleman,  "I  perhaps  exaggerated  the  precision 
with  which  these  movements  were  made ;  but  to  inc  it 
very   charming   to  see   every   sinarle   command 


was 


arriving  at  its  respective  objective  point  almost  with- 
in half  a  minute  of  each  other." 

The  entire  force  thus  brought  together  formed  a 
complete  cordon  round  the  block  on  which  the  prison 
stood,  with  a  regularity  that  commanded  the  admira- 
tion of  all  present.  "We  see  now  what  this  moans  1' 
was  written  with  smiles  upon  the  faces  of  the  troops 
along  the  line,  brought  to  a  halt  by  the  meeting  of 
other  lines.  No  one  was  allowed  to  come  within  the 
lines  formed  by  the  military,  or  to  pass  out  from  the 
enclosure. 


THAT  MEMORABLE  SUNDAY. 


m 


perience,  savs 


While  for  the  moment  the  destinies  of  the  day  were 
let't  ill  the  hands  of  the  military,  the  war  committee, 
accoiiipanietl  by  the  president,  hastened  to  quarters 
reseivotl  for  them  on  the  corner  of  Broadway  and 
Stockton  streets,  commanding  a  full  view  of  the  field. 

It  was  one  of  San  Francisco's  loveliest  of  lovely 
SuiKlays.  The  stillness  of  a  New  England  Sabbath 
ushered  in  the  memorable  day  with  that  soft  sunshine 
which  under  a  cloudless  sky  freshens  the  air  with 
ocean  mists.  This  quietude  as  the  day  wore  by  was 
broken,  not  by  rude  alarms,  but  by  the  low  tone  of 
occasional  command  and  the  echo  of  the  measured 
tread  of  many  men  joined  in  one  purpose. 

Again,  when  the  bustle  attending  the  arrival  of 
lorces  at  the  prison  had  subsided,  there  fell  upon  thu 
nir.ltitudo  another  stillness,  deeper  and  more  solemn 
th;)u  that  of  the  unruffled  morning,  the  silence  of 
awful  ex[)ectation.  It  was  characteristic  of  the  day,  this 
noiseless  self-restraint,  which  removed  their  doings  as 
tlir  as  possible  from  riotous  demonstrations  or  passion- 
ate; outbursts  of  temper.  The  marching  of  the  citi- 
zen companies  was  unattended  by  drum-beat  or  the 
sound  of  instrument,  and  words  were  spoken  only  at 
intervals,  and  then  in  low  tones. 

The  line  drawn  up  in  front  of  the  jail  extended  from 
Kearny  nearly  to  Stockton  street.  All  the  houses 
on  the  opposite  side  of  the  street  from  the  jail  were 
searched,  that  there  might  be  no  surprise  from  that 
direction.  Immediately  the  Citizens'  Guard  had  taken 
their  stand  in  front  of  the  jail  a  squad  of  artillerists 
under  Colonel  Johns  arrived  with  a  six-pounder,  the 
property  of  the  First  California  Guard,  taken  by  a 
company  under  James  F.  Curtis  for  the  use  of  the 
vigil  ants  on  this  occasion  from  the  store  of  Macon- 
dray  and  Company,  where  it  was  lying.  The  gun  was 
placed  in  position  by  Lieutenant  Ellis;  it  was  then 
d'dibcrately  loaded  with  powder  and  ball,  and  the 
match  lighted  ready  for  instant  use.  '       . 


184       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 


If 


AT  THE  JAIL. 


185 


At  this  juncture  Marshal  Doane  rode  up  to  the 
door  of  the  prison  and  gave  three  smart  taps  with 
the  handle  of  his  riding-whip.  The  wicket  opened 
and  tlic  following  letter,  addressed  to  the  sheriff,  was 
passed  in: 

"Dd'itl  Srannell,  Esq.: — 

"SiK:  You  are  hereby  required  to  surrender  forthwith  the  possession  of 
the  county  jail  now  under  your  cliarge  to  tiie  citizens  who  present  this  de- 
mand, :i»>l  prevent  the  effusion  of  blood  by  instant  compliance. 

"  By  order  of  the  Committee  ok  Vigilance." 

This  was  at  ten  minutes  past  twelve.  Mark  the 
houi'.  The  guard  of  ten  had  been  withdrawn  at  half- 
past  nine,  leaving  the  sheriff  in  full  possession.  The 
notification  of  such  withdrawal  had  been  delivered  to 
Governor  Johnson  in  person  by  a  member  of  the  Ex- 
ecutive Committee  at  eleven  o'clock.  The  demand 
now  made  for  the  surrender  of  the  jail  was  at  ten 
minutes  past  twelve.  The  governor  was  advised  by 
his  friends,  spies  upon  the  Committee,  of  *the  fact  that 
Casey  was  to  be  removed  an  hour  before  he  was  taken. 
There  was  plenty  of  time  for  him  to  bring  out  his 
forces  if  he  could  command  any,  or  if  he  was  so  in- 
clined. Lest  the  charge  of  duplicity,  or  breach  of 
faith,  might  be  laid  at  their  door,  these  events,  and 
the  exact  moment  of  their  occurrence,  were  noted  in 
the  records  of  the  association.  The  charge  that  this 
guard  of  ten  was  introduced  for  the  purpose  of  open- 
ing the  jail  doors  to  three  thousand  armed  men,  who 
could  have  blown  the  whole  affair  to  atoms  in  five 
minutes,  shows  how  scant  the  foundation  on  which  a 
lie  may  be  based. 

Mr  Watkins,  who  was  one  of  the  captains  of  the 
guard  of  ten,  states  that  Scannell,  the  sheriff,  and 
Harrison,  his  deputy,  were  disposed  to  treat  him 
cavalierly  at  first,  but  became  more  affable  as  time 
went  by.  He  further  affirms  that  Billy  Mulligan  was 
the  only  man  about  the  prison  who  treated  him  with 
real  civility.  "  On  entenng,"  says  Mr  Watkins  of  his 
first  experience  within  the  jail,  "we  found  a  large 


i 

I 


180       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 

number  of  men  inside,  stationed  all  over  the  jail,  all 
well  armed  with  double-barrelled  shot-guns,  rifles,  and 
other  arms,  in  addition  to  the  regular  force  of  the  jail. 
Many  of  them  were  very  valorous  while  they  were 
inside;  they  outnumbered  us  about  ten  to  one."  Billy 
quite  won  his  heart;  the  fact  is,  Mulligan  did  not 
know  how  soon  ho  might  be  in  a  prison  of  which 
Watkins  was  keeper,  and  that  not  as  captain  of  a 
guard  of  honor,  but  as  captain  of  a  band  of  thieves 
and  nmrderers.  "  But  among  the  modest  men  there," 
continues  Watkins,  "the  man  who  treated  us  the  best, 
and  recognized  u.s  as  the  agents  of  the  Vigilance  Com- 
mittee, was  William  Mulligan.  He  was  on  guard 
there  with  the  rest,  and  treated  us  in  a  very  gentle- 
manly manner,  to  ray  surprise  ordering  breakfast  for 
us,  and  providing  other  accommodations." 

There  were  now  not  more  than  twenty  officials 
about  the  prison,  and  it  was  soon  discovered  that  the 
sheriff  intended  no  resistance.  Standing  upon  the 
jail  I'oof,  apparent!}'  spectators  only  of  the  singular 
scene,  were  two  deputy- sheriffs  and  three  or  four 
police  officers,  none  of  whom  made  any  disphiy  of 
arms.  These  at  one  time  made  a  move  as  if  to  de- 
scend, when  the  marshal  shouted,  "Stay  where  you 
are,  or  we  will  fire  on  you!"  With'n  the  prison  were 
Sheriff  Scannell,  with  two  or  tl.ee  deputies,  and 
Marshal  North,  with  one  or  two  policemen,  all 
watching  the  movements  outside  with  intense  in- 
terest. Of  serious  aspect  were  their  countenances, 
but  there  was  nothing  in  them  to  show  anger  or  op- 
position. 

What  were  the  thoughts  of  the  criminal  Casey,  as 
he  lay  in  jail,  the  centre  of  this  social  whirlwind  which 
his  evil  destiny  had  so  unexpectedly  invoked?  The 
journals  of  the  day  furnished  him  entertaining  reading 
enough;  some  of  them  were  a  little  too  personal  in 
their  remarks  to  suit  his  pride,  but  after  all  it  was  a 
grand  thing  to  be  the  subject  of  general  commotion. 
This  was  the  most  glorious  killing  of  the  time;  his 


CONDUCT  OF  CASEY. 


187 


shot  had  struck  not  one,  but  thousands,  and  there 
was  a  pleasing  fear  in  seeing  them  wince  under  the  in- 
fliction of  his  chastisement.  Scores  of  friends  visited 
him  ill  prison;  ho  was  their  champion,  and  they 
were  rallying  nobly  to  his  defence;  ever3'thing  that 
money  could  buy  was  at  his  service;  on  the  whole 
lie  was  well  satisfied  with  his  quarters.  But  should 
liis  vietiiu  die — ah,  there  was  the  danger!  In  that 
event  his  friends  might  not  be  able  to  protect  him, 
and  he  might  be  torn  in  pieces  by  this  infuriated 
iiilddc.  The  fact  is,  although  Casey  did  not  know, 
could  not  know,  the  extent  of  the  terrible  and  do- 
teriniiied  preparation  then  being  made  in  secret  for 
his  punishment,  he  did  not  feel  comfortable  as  he  lay 
in  jail  reading  of  the  doings  on  his  behalf  of  his  fellow- 
citizens.  And  now  to  him  the  shadow  of  tlie  vigilant 
army  athwart  his  prison  walls  was  as  unwelcome  a 
visitation  as  was  tlK'  ^1  ade  of  his  mistress  Dido  to 
pious  ^^^neas  in  hell.  Take  it  altogether,  he  wished  he 
liad  not  killed  iving. 

On  this  still  Sabbath  morning,  with  its  flood  of 
golden  sunlight  freshened  by  the  soft  airs  of  ocean, 
when  one  would  think  that  even  a  nmrdcrer  might 
find  momentary  repose  but  for  the  thought  of  having 
blotted  so  fair  a  sight  from  the  eyes  of  a  fellows-mortal, 
Casey  had  felt  the  approach  of  his  marshalled  ene- 
mies, though  at  first  he  could  not  see  them.  There 
was  a  closeness  in  the  atmosphere  closer  than  that 
caused  by  prison  walls;  there  was  a  darkness  in  the 
universe  darker  than  that  of  his  prison  cell.  As  his 
companions  recited  to  him  the  scene  of  the  gathering, 
as  they  permitted  him  to  look  out  upon  the  angry 
human  clouds  that  darkened  all  that  vicinity,  he  did 
not  hear  and  see  so  much  as  feel  their  soul-stifling 
presence.  Reading  that  which  he  most  feared  in  the 
face  of  the  sheriff,  who  no^v  approached  him  with  the 
vigilant  order  for  the  prisoner's  delivery  in  his  hand, 
Casey,  terror-stricken  and  overcome,  threw  up  his 
hands  and  cried : 


188       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 

"  What  I  are  you  goin;i'  to  betray  me  and  give  me  up?" 
"James,"  said  Scannell,  "there  are  three  thousand 
armed  men  coming  for  you,  and  I  have  not  thirty  sup- 
porters about  the  jail." 

"Not  thirty!"  replied  Casey;  "then  do  not  peril 
life  for  me.  I  will  go  with  them.  And  yet  I  will 
notl"  he  exclaimed,  starting  up  and  drawing  a  long 
knife  which  he  had  kept  concealed;  "I  will  never  bu 
taken  from  this  place  alive !  Where  are  all  you  brave 
fellows  who  were  going  to  see  me  through  this  affair 
so  safely?" 

When  the  war  committee,  from  their  point  of  ob- 
servation, saw  their  plans  so  perfectly  completed,  saw 
their  forces  standing  invincible  around  the  jail,  saw 
their  cannon  planted  before  the  door,  and  the  lighted 
match,  and  saw  the  marshal  deliver  their  message  to 
the  sheriflF,  they  stepped  forth,  entered  their  carriages, 
and  drove  hastily  to  the  scene  of  action,  the  ranks 
opening  for  them,  and  the  marshal  and  his  staff 
saluting  them  as  they  approached. 

Taking  their  station  in  front  of  the  prison,  they  were 
immediately  surrounded  by  Olney's  guard,  who  formed 
a  hollow  square  about  them.  A  deputation  of  the 
war  committee,  with  the  president  at  the  head,  and 
accompanied  by  Mr  Truett,  all  under  a  strong  guard, 
then  approached  the  prison  door  and  demanded  ad- 
mittance. Sheriff  Scannell  appeared  immediately  and 
opened  the  door  to  them.  They  entered,  leaving  their 
guard  at  the  door. 

"  We  have  come  for  the  prisoner  Casey,"  said  Cole- 
man. "We  ask  that  he  be  peaceably  delivered  us 
handcuffed  at  the  door  immediately." 

"Under  existing  circumstances  I  shall  make  no  re- 
sistance," replied  the  sheriff;  "  the  prison  and  its  con- 
tents are  yours." 

"  We  want  only  the  man  Casey  -it  present,"  exclaimed 
Truett  pointedly.  "For  the  satiety  of  all  the  rest  we 
shall  hold  you  strictly  accountable." 


ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS.      189 


Qake  no  re- 
nd its  con- 


190       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 

The  sheriff  then  proceeded  to  the  prisoner's  cell  and 
informed  him  of  the  demand.  Casey  agreed  to  go,  Ijut 
peremptorily  refused  to  be  handcuffed.  He  moreover 
submitted  the  following  proposition  in  writing,  which 
he  requested  Scarnell  to  deliver: 

"To  the  Vigilant  Committee: — 

"  Gentlemen  :  I  am  willing  to  go  before  you  if  you  will  let  me  speak  but 
ten  minutes.     I  do  not  wish  to  have  the  blood  of  any  man  upon  my  hcail. 

"J.  P.  Casey." 

Evidently  Casey  feared  immediate  execution  as  at 
the  hands  of  a  mob. 

Meanwhile  Deputy  Harrison  had  made  an  effort 
to  induce  the  prisoner  to  acquiesce  in  their  demands, 
but  he  only  flourished  his  knife  the  more  excitedly, 
and  swore  he  would  plunge  it  into  his  heart  sooner 
than  submit.  Marshal  North  then  came  forward  and 
said  that  Casey  had  promised  him  that  if  two  respect- 
able citizens  would  give  him  assurance  of  gentlemanly 
treatment,  that  he  should  not  be  dragged  through  the 
streets  like  a  dog,  that  he  should  have  a  fair  trial,  and 
be  allowed  to  summon  witnesses,  he  would  quietly 
yield  to  their  wishes;  otherwise  he  might  as  well  die 
then  and  there. 

"  Show  us  the  prisoner,"  demanded  Coleman.  North 
led  the  way  to  Casey's  cell.  His  manner  was  still 
greatly  excited;  his  eye  was  wild,  and  the  long  sharp 
dagger  he  still  flourished  in  his  hand.  Coleman 
fastened  his  deep  clear  eyes  upon  him,  and  regarding 
him  steadily,  sharply  for  some  time,  finally  spoke: 
"  Lay  down  that  knife."  Casey,  the  j)oor  hunted 
criminal,  saw  in  that  eye  the  master,  and  he  obeyed. 
"All  your  requests  are  granted,"  Coleman  now  as- 
sured Casey;  then  turning  to  North  he  said,  "Open 
the  cell  door  and  bring  him  out."  Coleman  and  Tniett 
then  returned  to  the  jail  door.  Presently  INIarshal 
North  appeared  with  the  prisoner,  and  deliveretl  him 
to  the  deputation.  He  was  not  ironed,  the  Committee 
having  waived  that  demand;  and  they  supposed  him 


CASEY  BROUGHT  FORTH. 


191 


unarmed,  but  at  that  moment  he  had  another  dagger 
concealed  in  his  boot. 

As  the  president  and  Mr  Truett,  with  their  associates 
of  the  war  committee,  emerged  from  the  prison  door 
with  Casey  in  tlieir  midst,  and  began  slowly  to  descend 
the  steps  of  the  embankment,  a  burst  of  grateful  re- 
lief rose  to  the  lips  of  the  vast  multitude  surrounding 
the  vigilant  forces ;  rose  timidly  at  first,  for  round  the 
])risun  all  was  silent  as  death,  and  began  to  roll  up  the 
liill-sides,  and  quickly  would  have  swelled  to  their  sum- 
mits, when  lo!  the  president,  with  hat  removed  and 
uplifted  hand,  beckoned  silence,  and  immediately  all 
was  still.  Hushed  was  the  half-uttered  cheer,  and 
stifled  the  shout  of  joy;  for  after  all  it  was  the  victory 
of  twenty  thousand  over  one  wretched  offender.  More- 
over, this  was  not  revenge,  but  duty. 

It  was  one  of  the  most  touching  episodes  of  the 
epoch,  the  quick  response  to  that  silent  request. 
Xothinuf  could  have  better  evidenced  the  warm  svm- 
patliy  of  the  masses  for  the  association,  and  the  re- 
spect for  and  confidence  in  the  leaders,  than  this  quick 
ohediencc  to  a  silent  signal  made  on  the  very  verge 
of  an  outburst  of  exultant  applause.  Moreover  it 
spoke  the  innate  manliness  of  those  who  could  so  in- 
stantaneously see  the  propriety  of  thus  suppressing 
demonstrations  of  joy  in  the  presence  of  one  poor 
criminal,  powerless  to  resist.  Yet  none  the  less  real 
to  them  and  to  him  was  the  shadow  of  retribution 
oast  by  that  unspoken  applause  which  shut  the  shiv- 
ering murderer  from  the  cheering  rays  of  human 
sympathy.  Alas!  why  should  he  wish  to  live,  on 
whom  all  eyes  glared  abhorrence! 

At  the  foot  of  the  steps  the  guard  took  the  prisoner, 
and  loading  him  to  a  carriage  in  waiting  placed  liim 
within  it.  At  his  request  Marshal  North  took  a  seat 
by  his  side,  and  Mr  Coleman  and  Mr  Truett  occupied 
the  remaining  two  seats.  Mr  Smiley  ])laced  himself 
•oiiiav)  the  driver,  and  Mr  Watkins  took  his  station  by 


the 


carriage 


door.     The  guard   formed   a  complete 


192       ATTACK  ON  THE  JAIL  AND  SEIZURE  OF  PRISONERS. 


square  round  the  vehicle,  the  main  body  of  the  vigil- 
ant forces  followed,  and  in  this  manner  the  prisoner 
Casey  was  escorted  to  the  Committee  rooms  on  Sacra- 
mento street,  and  placed  in  a  small  cell  which  had 
been  hastily  constructed  on  the  east  side  of  the  large 
room.    A  knife  and  his  papers  were  taken  from  him. 

Before  leaving  the  jail  the  war  committee  had 
notified  the  sheriff  that  in  one  hour  they  should  in 
like  manner  require  at  his  hands  the  person  of  Charles 
Cora,  warning  him  meanwhile  that  no  person  other 
than  the  sheriff  or  his  deputies  should  be  allowed  to 
pass  the  prison  door.  About  half  the  vigilant  force 
had  remained  on  the  ground  to  guard  the  jail,  while 
the  remainder  served  as  escort  of  the  first  criminal  to 
the  Committee  rooms. 

The  marshal  and  war  committee  had  been  directed 
by  the  executive  committee  to  accept  possession  of 
the  jail  in  the  name  of  the  Committee  of  Vigilance. 
The  war  committee  now  concluded  to  leave  the  jail 
in  possession  of  the  sheriff  upon  his  surrendering  the 
person  of  Charle«  Cora. 

In  accordance  with  the  notification  given  the  sheriff, 
at  the  expiration  of  the  hour  named  the  war  com- 
mittee again  appeared  at  the  jail  door  and  demanded 
that  Charles  Cora  should  be  brought  them.  The 
sheriff  now  hesitated,  and  requested  thirty  minutes 
in  which  to  consider  the  matter.  These  were  granted 
him,  but  he  still  declined  passing  out  any  more 
prisoners,  saying  that  as  they  possessed  the  power 
they  might  take  the  whole  jail  if  they  desired.  The 
Committee  assured  the  sheriff  that  he  was  the  proper 
custodian  of  the  jail,  responsible  for  the  safety  of  its 
inmates,  and  that  they  had  no  disposition  or  intention 
at  that  time  to  interfere  with  his  duties  further  than 
in  obtaining  possession  of  Cora;  but  Cora  they  would 
have.  The  sheriff  finally  complied,  and  the  murderer 
of  Richardson  was  likewise  removed  to  the  Committee 
rooms. 

Lying  in  jail  at  this  time  was  one  Rodman  Backus, 


THE  COMMITTEE  IX  POSSESSION. 


103 


a  roui^li,  somewhat  respectably  connected,  who  had 
killo'<l  a  German  at  the  corner  of  Stout  alley  and 
Wasliington  street  because  the  latter  had  dared  to 
visit  tlio  lady  of  his  affections  residing  in  the  alley. 
He  liad  been  tried,  found  guilty,  and  sentenced  to  the 
stat(-i)rison,  and  the  German  vigilants  insisted  that 
this  man  likewise  should  be  taken  from  the  prison,  as 
his  fiicnds  seemed  determined  to  have  him  released 
on  a  technicality.  After  witnessing  the  demonstra- 
tions of  this  Sunday,  Rodman  lost  all  taste  for  liberty, 
and  begged  retirement  at  San  Quentin.  That  night 
ho  was  taken  over  from  the  jail  to  the  state-prison  in 
a  suiall  boat. 

A  grand  rush  of  spectators  had  been  made  from 
the  jail  and  its  vicinity  to  the  streets  round  the  Com- 
mittee rooms.  It  being  their  constant  purpose  to  allay 
excitement  so  far  as  possible  among  the  people,  Mr 
Dows  and  Mr  Burns  were  requested  by  the  executive 
conuiiittce  to  address  the  people,  and  to  say  that  it 
was  the  intention  of  the  Committee  not  to  be  hasty. 
This  information  they  were  requested  to  convey  in  as 
few  words  as  possible.  Mr  Dows  presented  himself 
at  the  window  and  informed  the  people  that  no  exe- 
cution would  take  place  that  day. 

"Where  are  Cora  and  Backus?"  asked  one. 

"The  Committee  hold  possession  of  the  jail,  and  all 
the  piisoners  are  safe,"  was  the  reply. 

Ai)i)arcntly  satisfied,  the  crowd  slowly  dispersed. 

Three  hundred  men  were  retained  at  the  Committee 
rooms  as  guard  for  the  night;  the  work  of  the  day 
beinir  now  accomplished,  the  remainder  were  permitted 
to  disj)erse.  One  b  ^ne  the  several  companies  filed 
oft'  to  their  respective  rooms,  some  of  them  marching 
down  to  the  water  to  dis»  barge  their  arms  and  re- 
turning to  leave  them  freshly  loaded.  A  guard  of  one 
hundred  also  watched  the  jail  that  night. 


Pop.  Teib.,  Vol.  II.    13 


CHAPTER  XI. 

FURTHER    OUTWARD    MANIFESTATIONS. 

Lookers  on  many  times  see  more  than  gamesters. 

Baeon. 

I  HAVE  said  that  there  were  several  standpoints 
from  which  to  view  this  movement,  notably  two  which 
present  to  us  its  inno^  and  its  outward  phases.  Fol- 
lowing affairs  chronologically,  let  us  examine  the 
matter  in  the  present  chapter  from  yet  a  new  point 
of  observation,  our  outward  view  of  this  social  sea, 
white  foaming  in  its  mad  unrest. 

James  King  of  William  was  shot  on  Wednesday, 
May  14th.  Next  day  the  following  printed  address, 
over  the  signature  '  Brutus,'  placarded  throughout 
the  city  acted  as  fuel  to  the  flame : 

"  Emergency  of  the  moment !  To  the  people !  Friends  and  fellow-citizens. 
lend  me  your  ears !  The  time  was  when  in  San  Francisco  many  aiiKjiig  us, 
law-abiding  men,  regretted  the  acts  of  the  Vigilance  Committee,  and  wcic 
willing  to  hope  that  if  the  law  of  the  land  had  been  duly  supported  the  guilty 
would  have  met  with  their  deserts.  Since  then  experience  has  convinced  iis 
that  the  law  is  here  a  mockery ;  that  the  weak,  the  poor,  the  stranger,  may 
pay  his  misdeeds  by  the  forfeiture  of  his  liberty  or  his  life ;  but  the  ricli 
villain,  the  powerful  gambler,  supported  by  his  rich  confederates,  laughs  at 
the  impotence  of  the  law,  and  stalks  through  our  streets  with  bowio-knife  m- 
revolver  to  work  out  his  wicked  will,  conscious  of  a  friend  at  court  v  ho  ill 
screen  him  from  his  deserts.  Patience  is  a  virtue,  but  there  is  a  point  licyouil 
which  it  degenerates  into  cowardice.  Obedience  to  the  law  is  the  iluty  I'l 
every  citizen ;  but  when  the  law  is  effete,  or  its  protection  becomes  tyr;iniiii':il, 
resistance  becomes  the  duty  of  every  freeman.  Such  is  the  present  eni(  rjreiuy 
to  our  view.  Law  and  its  courts  are  a  farce ;  murder  stalks  amon;:st  us  ami 
must  be  checked.  Then  up,  friends,  and  let  the  majority  of  the  people  try 
the  presumed  murderer,  and  then,  if  he  bo  guilty,  execute." 

Throughout  the  day  the  excitement  increased  r.'ithcr 
than  diminished.     Most  of  the  daily  papers,  i)arti(U- 

(  191  ) 


AFTER  THE  ASSASSINxVTION. 


195 


IONS. 

iters. 
Bneon. 

standpoints 
ly  two  whioli 
)liascs.  Fol- 
uxaiuiiie  the 

a  now  point 
is  social  soa, 

Wednesday, 
ntcd  address, 
throiiji'hout 

ind  fellow-oitizens, 
many  among  us, 
mmittec,  ami  wimv 
ipported  tlio  guilty 
has  convinced  us 
the  str:iii;,'fi-,  may 
life ;  but  the  ricli 
edcrates,  laughs  ut 
i-ith  bowie-knife  "I 
I  at  conrt  ^^llo   'i.' 
fc  is  a  point  hcyou'l 
law  is  the  'Uity  "i 
iccomcs  tyrannical, 
present  cnieigcnty 
ks  amongst  us  ami 
of  the  people  try 

Ircascd  ratlier 
]pers,  partiou- 

(  191  I 


larlv  the  religious  journals,  were  in  favor  of  prompt 
and  dutcnnined  measures.  Two  or  three  of  them, 
howcNor,  ranged  themselves  on  the  side  of  law  and 
ordci',  and  opposed  the  Vigilance  Committee;  but 
piililic  sentiment  was  not  with  them,  and  they  never 
iittciward  recovered  from  the  effects  of  their  course. 
The  pulpit  with  few  exceptions  fully  approved  the 
action  of  the  people.  The  next  evening  the  Bulletia 
appeared  with  a  significant  blank  column  in  place  of 
a  leader.  On  every  side  was  heard  the  cry  "Hang 
the  murderer!"  A  flood  of  communications  poured  iu 
U]i(in  the  Bulletin.  "My  God!"  says  one,  "is  it  pos- 
sihk:  that  the  people  of  this  city  are  such  a  craven  set 
of  cowards  as  to  suffer  this  grievous  wrong?  N<», 
no  I  Let  every  man  in  this  city  enroll  himself  at 
once  in  this  Vigilance  Committee,  and  let  us  rid  the 
city  of  these  infamous  thieves  and  assassins."  "Had 
Cora  been  hanged,  James  King  would  not  have  been 
shot,"  said  another.  At  Sacramento,  Stockton,  !Marvs- 
ville,  Sonora,  Vallejo,  and  almost  every  place  of  im- 
portance in  the  interior,  meetings  were  held  and 
icsoliitions  passed  in  sympathy  with  the  movement 
toward  arbitrary  reform.  An  offer  of  a  thousand 
men  for  the  Vigilance  Committee  w'as  telegraplied 
iVoni  San  Jose.  The  San  Francisco  City  Guard  dis- 
handed,  and  so  escaped  the  dilemma  of  being  called  to 
taki!  up  arms  against  their  fellow-citizens.  In  fact 
hutli  battalions  of  the  regular  military  disbanded  and 
lesunied  citizens'  dress.  The  first  appeal  to  federal 
autiiority  was  in  the  application  of  the  mayor  to  the 
captain  of  a  revenup-cutter  to  take  Casey  on  board 
t'oi'  .safe-keeping,  which  proposal  was  declined. 

])aily  and  hourly  the  excitement  increased.  ]Men 
hnt  lately  hesitating  and  doubtful  took  up  arms; 
wonicii  talked  freely  of  hanging,  and  children  even 
whetted  their  fathers'  courage  by  their  infantile  bra- 
vado. Up  to  the  time  when  King  appeared  as  the 
champion  of  honesty  and  morality,  swindlers  and 
us.'jassins  had  been  w- axing  stronger  and  stronger.    A 


196 


FURTHER  OUTWARD  MANIFESTATIONS. 


I 


series  of  masterly  strokes  had  placed  their  minions  In 
office  and  secured  to  tliem  the  ballot-box,  the  merce- 
nary press,  and  every  other  means  of  public  reiuon- 
strance.  Almost  every  office  of  trust  or  profit  was  in 
their  hands,  and  few  editors  dared  rouse  the  hostilitv 
of  so  powerful  a  band  of  desperadoes  by  exposing 
their  villainy.  Every  avenue  to  political  advancenunt 
was  blocked  by  them;  no  nomination  could  be  secured 
without  the  payment  of  money  to  them,  and  no  dic- 
tion secured  until  after  a  division  of  the  spoils  luul 
been  agreed  on.  To  wipe  this  poison  from  society 
was  Mr  King's  crime. 

The  beginning  of  the  end  had  come.  Says  a  vehe- 
ment writer  of  the  day,  "Virtue,  insulted  beyond 
endurance,  has  buckled  <  a  her  armor.  Let  every  I'ui  in 
(^f  vice  quail  beneath  tie  vengeance  of  her  eye. 
Gamblers,  I  tell  you  that  your  day  has  come!  I^os- 
titutes,  I  bid  you  fly  to  the  mountains  and  ask  tlieni 
to  fall  on  you!  Violators  of  the  rijjht  of  sufiVnije, 
your  reign  is  over!  The  people  are  m  arms,  and  woe 
to  the  ruffiaTi  who  draws  a  weapon,  and  to  the  assas- 
sin who  stabs  in  the  dark!" 

Friday,  the  IGth,  a  large  and  enthusiastic  meeting 
sympathizing  with  the  vigilance  movement  was  lield 
at  Sacramento,  and  the  excitement  is  said  to  have 
iK'cn  greater  even  than  in  San  Francisco.  The  Friiuli 
citizens  of  San  Francisco  passed  resolutions  support- 
ins^  the  Vitjilance  Committee. 

Saturday,  the  1 7th,  a  meeting  of  the  law  party  was 
held  in  the  fourth  district  court  room,  about  one 
hundred,  mostly  lawyers,  being  present.  The  ottieers 
commanding  the  volunteer  militia  made  a  requisition 
on  Sacramento  for  arms  and  ammunition,  to  be  used,  it' 
necessary,  in  maintaining  the  peace  of  the  city,  w  liich 
were  supplied  by  Quartermaster  Kibbe.  Ca[itaia 
William  T.  Sherman  was  appointed  general  of  this 
division  and  placed  in  command  of  all  the  military 
forces  in  San  Francisco.  The  military  were  every 
moment  edging  round  to  the  side  of  vigilance;  tlio 


DOINGS  OF  SATURDAY. 


197 


mdnntod  battalion  all  declined  to  act  in  support  of 
law,  and  most  of  the  other  companies  were  by  this 
time  disbanded.  The  governor  was  telegraphed  for; 
and  there  were  delegations  from  a  dozen  interior 
towns  sent  to  express  their  sympathy  and  ofter  their 
assistance.  News  was  now  received  of  large  and  en- 
thusiastic meetings,  commendatory  of  the  Conunittee, 
still  I'arthcr  back  in  the  interior,  at  Columbia,  Shav/ 
Flat,  and  all  along  the  foothills,  as  well  as  at  Sau 
Josu  and  down  the  coast, 

A'agubonds  and  scoundrels  presented  themselves 
for  admission  as  members  of  the  Vigilance  Committee! 
ill  c'onnnon  with  good  citizens;  it  was  an  old  trick  of 
tlieirs;  to  bo  within  the  fold  during  such  troublou.; 
times  was  the  safest  place  for  the  suspected;  but  tlieso 
when  recognized  were  carefully  excluded.  The  sumo 
(lay  the  city  began  to  vomit  its  human  offal;  many 
suspicious  characters,  not  liking  the  aspect  of  affairs, 
Kft  that  night  by  the  Sacramento  boat.  Some  of  the 
courts  adjourned,  others  contiimed  uninterruptedly. 
Some  of  the  judges  left  town;  all  kinds  of  busines ; 
\\\'iv  affected  by  the  excitement,  and  many  persons 
were  thrown  out  of  employment.  All  who  had  any- 
thing upon  their  minds  at  this  time  went  into  tlie 
country;  numbers  found  White  Sulphur  Springs  a 
j)leasant  place  of  resort. 

The  advocates  of  law  and  order  called  the  move- 
ment a  revolutitm,  and  likened  it  to  the  bloody  com- 
nuniisni  of  Paris;  yet  again  and  again  did  they  wonder 
and  leniark  on  the  solemn  stillness  which  prevailed, 
the  moderate  determination  of  the  masses,  so  different 
from  the  loud  huzzas,  the  noisy  marching,  and  the 
M(irst'i//ais('  singing  of  the  French.  Petulantly  cer- 
tain San  Francisco  officials  refused  to  discharjje  their 
duties  the  excuse  beins;  that  the  Committee  wielded 
the  sui)enor  power,  and  as  the  people  seemed  to  desire 
that  kind  of  rule,  why,  let  them  have  it.  The  vacilla- 
tions of  the  weak-iiiinded  governor,  the  bull-dog  blood- 
thirstiness  of  his  general,  and  the  innate  selfishness 


198 


FURTHER  OUTWARD  MANIFESTATIONS. 


of  office-holders  roused  antagonisms  which  threatened 
.serious  evil.  With  all  their  boasted  capabilities, the  iiitii 
of  law  needed  a  leader.  Either  they  should  have  arisen 
and  struck  their  blow  promptly  and  powerfully,  (tr 
they  .should  have  remained  quiet.  A  quani  opposition, 
in  which  their  own  dignity  and  the  dignity  of  tliu 
law  might  have  been  sustained,  would  have  been  nioiu 
respectable,  more  creditable  to  them  than  real  but 
puerile  antagonism. 

Confidence  in  the  almighty  power  of  forms  and 
ceremonies  led  many  to  trust  in  law,  never  doubting' 
that  the  mob  would  shortly  be  scattered.     But  wlun 
tlie}'  saw,  in  addition  to  other  bad  omens,  the  Satui- 
day  morning  after  the  shooting,  the  jMsse  cohitUitus 
called  by  the  sheritt'  for  the  protection  of  the  jail, 
refuse  to  serve,  the  faith  of  many  began  to  waver. 
That  same  day  live  dray-loads  of  nmskets  with  ammu- 
nition passed  into  the  armory  of  the  Vigilance  Com- 
mittee.    Until   a   late   hour  that   night   the  pL'oi)k' 
]iii<j:ered  about  the  Committee  ro(mis,  but  of  what  was 
going  on  within  they  knew  nothing.    About  half-past 
ten  that  night  bodies  of  men  in  single  file,  bearing 
muskets,  marched  up  Sacramento  street  in  the  direc- 
tion of  the  jail.    At  midnight  a  dense  fog  settled  on 
the  city.     Upon  the  roof  of  the  building  indistinct 
forms  stalked  to  and  fro  in  the  misty  moonlight,  but 
the   streets   about   the   prison   were   deserted.     The 
events  of  Sunday  wrought  a  complete  revolution  botJi 
in  fact  and  in  feeling.     The  vigilants  were  masters  of 
the  government;  right  and  morality  were  dominant, 
vice  was   disarmed.     The  law  was  dumfounded;  it 
hardly  knew  where  it  belonged — with  the  virtuous, 
who  disregarded  it,  or  with  the  vicious,  who  nursed  it. 

On  Monday,  the  19th,  the  court  rooms  as  a  rule 
were  empty.  The  limbs  of  the  law  were  rheumatic. 
General  attention  was  directed  toward  the  Conmiittee 
rooms  on  Sacramento  street,  but  the  day  passed 
(juietly  and  without  the  anticipated  demonstration. 
Were  a  foreign  foe  entering  the  Golden  Gate,  prupara- 


TUESDAY. 


199 


tinns  on  the  part  of  the  nicrcliants  and  mechanics  for 
detriHc  could  not  have  been  more  thorouj^h.  Bands 
uf  armed  vi^ilants  i)araded  tlie  streets,  pickets  were 
|ilii(i<l,  and  mounted  patrols  served  day  and  ni:^ht. 
Ammunition  and  gun  shops  were  watched,  and  the 
m  niial  sale  of  weapons  prohibited.  In  the  evening 
it  stormed;  but  the  rain  seemed  in  no  wise  to  dampen 
the  Liitliusiasm,  which  was  fast  becoming  morbid.  All 
(lav  and  half  the  night  crowds  waited  about  to  see 
Avliat  would  be  done.  At  eight  o'clock  several  vigil- 
ant connianies  were  marched  in  good  order  to  head- 
(|uarters,  where  duties  were  assigned  them  for  the 
iiii^lit,  and  the  relieved  ccmipanies  were  permitted  to 
return  to  their  homes.  The  cannon  of  the  California 
(luard  was  brought  from  the  jail. 

Earl}'  in  the  morning  of  Tuesday,  the  20th,  the 
streets  for  two  blocks  round  the  Committee  rooms 
are  ]»aeked  with  expectant  humanity  watching  the 
ilevelopment  of  events.  At  nine  o'clock  four  or  five 
companies  are  abroad  in  different  parts  of  tlie  city 
making  arrests.  An  hour  later  companies  composing 
the  niu'lit  ijuard  are  marched  out  of  the  Committee 
Iniilding,  the  relief  guard  takii.g  their  place.  At  ten 
o'clock  it  begins  to  rain.  Nature,  in  sympathy  with 
the  occasion,  spreads  a  pall  of  murky  clouds  over  the 
bereaved  city,  and  wrings  out  tears  of  sorrow  over  its 
martyred  patriot,  who  even  now  is  breathing  his  last. 
Crowds  of  idlers  fill  the  thoroughfares,  and  knots  of 
earnest  talkers  stand  on  every  street-corner.  (3f  one 
of  the  classes  then  in  San  Francisco  living  by  the 
law,  William  H.  Rhodes,  over  the  nam  de  plume  of 
'Caxton,'  writing  in  the  Bulletin  of  May  li)tli,  says: 

"  'I'licy  stand  all  day  at  the  street-corners  flourishing  whalebone  canes  and 
twirliug  grt'asy  mustachios.  At  night  they  flock  to  the  gambling  helU 
iilmundiug  in  all  our  thoroughfares,  where  they  feast  and  carouse,  bet  ami 
blackguard,  duiini  their  own  souls,  and  take  the  name  of  (jod  in  vain.  Or 
t'lst',  ihislicd  with  the  pillage  of  some  poor  miner  or  despairing  clerk,  elated 
V.  illi  wine  and  lut.t,  they  throng  the  houses  of  prostitution,  and  there,  in  the 
pi'rst'Ui'c  of  male  and  female  comrades  in  crime,  rehearse  the  downfall  of  their 
Lut  \  ictim,  plot  the  ruin  of  others,  and  gloat  in  hclliah  triumph  over  the 
desolation  tliey  have  made." 


200 


FURTHER  OUTWARD  MANIFESTATIONS. 


Since  the  Vij^ilance  Comniittoc  of  1851,  which  was 
the  last  open  war  between  the  two  great  contendiii!^' 
classes,  there  hatl  been  continual  battlini^  in  secnt. 
Now  hostilities  had  ag^ain  broken  out,  and  one  or  the 
other  must  yield.  The  j)Cople  were  determined  tliat 
victory  should  not  be  u[)on  the  side  of  vice. 

In  a  slightly  exaggerated  strain  of  not  unmcritid 
praise,  'Caxton'  continues: 

"  Previous  to  the  advent  of  Mr  King  as  the  editor  of  the  Eveninff  DnllHlii, 
the  thieving  fraternity  for  many  yean*  hod  been  in  the  ascendant  in  tlii:<  city. 
By  a  series  of  masterly  movements  they  liad  secured  every  avenue  of  jmlillo 
remonstrance  and  reprehension.  The  ballot-boxes  were  theirs,  for  tlicir 
uiiuions  tilled  all  the  offices  of  trust  and  profit  in  the  county,  and  thtiK  laid 
the  basis  of  the  perpetuation  of  their  power.  The  press  also  was  tlieirs,  for 
no  eilitor  dared  to  expose  their  villainy  and  array  against  hiniselt  the  diiidly 
hostility  of  the  worst  desiieradoes  tlie  world  ever  saw,  A  few  HpaNiiiiMiio 
efforts  were  occasionally  nioile  to  throw  off  the  incubus,  but  l)eing  sccoihKmI 
l)y  no  con-espouding  movement  in  the  public  mind,  were  almost  iiuniediaU'ly 
abandoned.  The  social  circle  was  tlieirs,  for  they  mingled  openly  and  fiimil- 
iarly  with  candidates  for  the  highest  state  and  federal  offices,  and  were  iuiil 
fellow  witl>  nmyors,  marshals,  aldermen,  senators,  sheriffs,  and  judges  of 
tlie  supreme  court.  The  political  arena  was  theirs,  for,  courted  by  all  piii-tic!*, 
they  enslaved  the  leaders  of  all.  No  man  could  get  a  nomination  Mitliout  ii 
bribe ;  no  candidate  could  secure  his  election  without  taking  from  their  raiiiis 
a  partner  in  the  plunder.  The  fieM  of  personal  combat  was  also  tlieiiM,  for 
they  were  men  of  blood  by  nature,  boxers  by  science,  crack  shots  with  tiio 
revolver  and  rifle,  and  adepts  in  the  art  of  stabbing  and  assassination.  Thus 
fortified  by  the  most  powerful  influences  of  society,  thoy  went  on  fronj  yt'ar  to 
year,  gathenng  strength  as  they  gathered  public  plunder,  growing  boh  k'v  us 
they  grew  more  burdensome,  aspiring  higher  as  their  ambition  was  achieved, 
until  during  the  past  year  the  theatres  were  filled  with  their  mistresses,  the 
public  offices  reeked  with  their  toadies,  and  the  streets  were  stained  with  thu 
blood  of  their  victims.  The  consefjnences  of  this  dreadful  scourge  were  soon 
felt  in  all  the  business  relations  of  life.  Public  confidence  was  shaken,  imhlio 
honor  suspected.  Many  of  our  best  and  worthiest  citizens  sacrificed  tliiiir 
property  and  sent  their  families  to  the  east.  No  man  felt  secure  for  a 
moment  in  the  possession  of  li^e,  property,  or  reputation.  At  this  juncture 
Mr  King  started  the  BullHin.  At  first  he  was  scoffed  at  as  a  madman,  then 
pitied  as  an  enthusiast,  then  ro;  lected  for  his  courage,  then  applauded  for  his 
independence,  then  beloved  fi  his  purity,  his  self-sacrifice,  and  Ida  uulile 
magnanimity.  Finally,  by  a  rf,  l.sion  of  public  sentiment  in  hia  favor,  w  hicli 
is  without  parallel  in  our  historj  he  stood  forth  the  acknowledged  chiun|>ii»n 
6l  public  and  private  morality,  t  scourge  of  villainy,  the  vindicator  of  the 
freedom  of  the  press,  the  friend  (  every  social  reform,  and  the  benefactur  of 
his  country. 

"  San  Francisco  was  not  alone  in  awarding  him  these  distinguished  honors. 


TUESDAY  AGAIN. 


201 


On  till'  fontrnry,  his  chief  support  came  from  the  interior  of  tiic  state. 
Kvirv  '.alliy  and  mountain  in  California  echoed  liis  praixc,  and  the  people 
evil v\\ lure  WL'l(.'<>mcd  his  paper  a8  a  tircHide  friend.  That  hucIi  a  man,  the 
tirxt,  it  )iiii;ht  lie  the  latit,  of  IiIh  race,  uhould  iiuve  lieen  aoHUHHinuted  in  tlie 
Htrci'ts  (if  tlie  commercial  emporium  of  the  Htate  sent  u  thrill  of  hoiror  to 
till'  JK/ii't  of  oery  lioneHt  man  and  woman  from  the  Hca-Hhore  to  thi^  crest  <,f 
tilt'  ,^.  11  :i  Nevada  Mountains.  Our  citizens  at  llrst  stood  aghast  witii  terror. 
Jliit  it  was  only  for  a  moment.  The  reaction  soon  came  on,  and  with  it 
stai'tcil  iiitii  lieing  one  of  those  resistless  impulses  of  the  human  heart  whicli 
(ivci'tliro^vs  dynasties  and  efTects  revolutions  us  easily  us  an  ocean  wuve 
daslii.s  iiyawl  upon  the  rocks." 

At  liiilt'-})ast  one  on  Tliursday  Mr  King's  comlition 
was  pioiiouncod  by  his  physicians  to  have  improved, 
ami  hopes  were  entertained  of  his  recovery.  At  two 
o'clock  Friday  graver  doubts  as  to  the  result  were 
cxi)rcssc'(l.  His  state  was  then  considered  critical. 
At  two  (('clock  on  Saturday  hip  jondition  was  said 
to  l)c  gradually  improving,  and  he  was  comparatively 
coiiit'ortahle.  Monday,  though  more  restless  and  lesi3 
coiiirortiiblc,  his  real  condition  appeared  unchanged. 
During  these  days  of  suspense  the  carriers  of  the 
J>iil/ctiii  often  found  ladies  waiting  at  the  door  to  S(;c 
them,  to  inquire  after  the  state  of  the  editor's  health. 
Said  one  Amazonian  matron,  "What  is  to  be  done 
witli  that  villain  Casey?  If  the  men  don't  hang  him 
the  women  willl" 

At  half-past  one  on  Tuesday,  the  20th  of  May, 
James  King  of  William  died.  Then  was  the  doom  of 
felons  sealed.  The  sad  intelligence  rapidly  s})r«.!ad, 
and  soon  the  streets  were  filled  with  sorrowful  faces. 
The  hells  tolled,  crowds  assembled  around  the  Com- 
mittee rooms,  expecting  every  moment  to  see  the  njur- 
ilei'er  brought  forth  to  meet  his  just  doom.  All 
places  of  business  and  resort  were  closed;  Hags  floated 
at  half-mast,  and  public  aiid  private  buildings  were 
draped  in  mourning.  Stretched  from  the  Bufleti)i 
otWee  to  Montgomery  block  was  a  funereal  device  of 
the  Ilow'ard  Fire  Company,  bearing  the  inscription, 
"Till'  great,  the  good  is  dead;  who  would  not  mourn 
his  losti :"'   Another  device,  with  the  motto,  "A  martyr 


202 


FURTHER  OUTWARD  MANIFESTATIONS. 


1 


to  principle;  we  mourn  thy  loss,"  was  raised  at  the 
corporation  yard  on  Jackson  street.  On  the  arm  of 
almost  every  man  that  walked  the  street  was  the 
badge  of  mourning.  Never  before  had  there  boon 
such  a  demonstration  in  the  city. 

Tidings  of  his  death  reached  distant  parts  of  tlie 
state  sooner  than  distant  parts  of  the  city;  bells,  in 
measured  sounds,  like  echoes  from  the  bells  beside 
the  sea,  announced  the  sad  event  in  all  the  cities  of 
the  plains.  Gloom  like  a  black  cloud  settled  upon  the 
Great  Valley  of  California;  business  was  geneially 
suspended,  the  people  of  the  cities  came  together  in 
solemn  assembly,  and  the  lusty  miners  in  the  mountain 
towns  bristled  in  anger  as  the  telegraph  told  them  of 
the  result  of  the  dastardly  deed.  "We  ask  the  people 
of  San  Francisco  to  act,"  said  Coloma  to  the  \iii- 
ilance  Comndttee;  "if  you  need  help,  let  the  soa 
speak  to  the  mountains."  The  principal  houses  of 
Nevada,  Grass  Vallev,  and  Auburn  were  draped  in 
mourning.  Sacramento,  Stockton,  Marysville,  Oak- 
land, Sonora,  and  otiier  large  towns  performed  the 
solemn  obsequies  simultaneously  with  those  of  San 
Francisco.  That  the  people  at  large  might  liavc 
an  op[)ortunity  of  testifying  in  a  substantial  man- 
ner their  approbation  of  Mr  King's  charagter,  books 
were  opened  at  different  points  throughout  the  state 
for  one-dollar  subscriptions  to  what  was  called  the 
King  testimonial,  an  oft'ering  to  the  family  of  the  de- 
ceased. 

At  half-[)ast  three  o'clock  on  Wednesday,  the  2 list, 
the  Sacramento  merchants  held  a  meeting,  and  after 
passing  resolutions  commendatory  and  consolatory, 
appointed  two  committees,  one  of  six  to  receive  sjion- 
taneous  olFerings  for  the  benefit  of  the  widow  and 
children,  and  one  of  fifty  to  carry  to  San  Francisco 
the  sympathy  of  her  sister  city  and  to  attend  the 
obsequies  of  the  honored  dead.  The  Sacramento 
theatre  devoted  its  receipts  of  Friday  night  to  the 
benefit  of  Mr  King's  family. 


if:- 


HUNTINGTON  TO  COLEMAN. 


m 


The  following  letter  speaks  for  itself: 


"Sacramento,  May  25,  1856. 
'M//-  ir.  T.  Coleman:— 

"  Siu :  There  was  a  meeting  of  some  forty  to  fifty  of  our  citizens  last  even- 
in"  to  take  into  consideration  the  propriety  of  forming  a  vigilance  committee 
in  (lur  city,  anil  it  was  thought  advisable  to  organize;  there  was  a  committee 
(if  Hfvon  .nppointed,  of  which  the  undersigned  was  one.  The  business  of  said 
t'oniinittee  was  to  obtain  a  copy  of  the  articles  by  which  the  San  Francisco 
Cuniinittee  are  governed,  and  if  a  copy  of  your  by-laws,  etc.,  could  not  be  ob- 
tained, then  the  business  of  said  committee  was  to  draft  a  set  to  be  submitted 
at  our  next  meeting;  but  as  I  understand  that  your  present  organization  is 
the  same  one  that  was  forced  into  existence  in  1852,  and  I  think  with  your 
three  years'  experience  that  your  by-laws,  etc.,  must  be  much  more  perfect 
than  any  that  we  could  hope  to  draft  at  this  time,  my  object  in  writing  to  you 
ii  to  know  if  we  send  a  committee  to  your  city  whether  said  committee  could 
obtain  a  copy  of  your  by-laws  and  all  of  the  articles  by  which  you  are 
[Tuvomed — that  is,  as  far  as  would  bo  applicable  to  us  in  Sacramento.  Please 
answer  by  return  express.  Yours  truly, 

"0.  r.  Huntington." 

Five  thousand  men  gathered  at  Sonora  one  night 
early  in  June  to  demonstrate  their  sentiments  in 
ftivor  of  vigilance.  There  were  processions,  consisting 
(if  hundreds,  each  from  Shaw  Flat,  Jamestown, 
Brown,  Kincaid,  and  Cami^bcll  ilats.  A  series  of 
s})iritod  resolutions  concluded  with  the  following: 

"  ]'i',iolred.  That  although  the  citizens  of  San  Francisco  have  repeatedly 
rejected  all  otl'ers  of  assistance  from  the  mountains,  yet  if  the  rowdies  will 
go  down  to  assist  the  military,  we  shall  consider  it  our  jorivilcgc  to  send 
enough  men  to  whip  them  out." 

Says  the  Nevada  Journal  upon  the  subject:  "  The 
fouling  evinced  in  Sonora  finds  a  full  response  in  this 
coiintv.  Public  meetinijs  'ave  been  held  in  various 
])arts  of  the  county,  in  favor  of  the  Committee,  while 
not  once  have  the  opponents  of  that  organization  ven- 
tuivd  to  show  their  hand.  Some  muttering  about 
stroot-corners,  and  wise  hoad-shakinir  by  the  few  who 
sympathize  with  ballot-box  stuffing,  and  bowie-knifo 
ar<funients  are  the  sum  of  counteraction.  The  Demo- 
rriit  feebly  hints  dissent,  but  has  neither  the  moral 
•ourago  nor  honesty  to  follow  in  the  track  of  the 
>^lu.k  Journal.     We   know   no   better   indication   of 


fm 


FURTHER  OUTWARD  MANIFESTATIONS. 


public  opinion  than  this  mute  acquiescence  of  our 
time-serving  neighbor." 

Then  dark  insinuations  were  thrown  out  throurrh 
the  medium  of  the  Herald's  columns  by  the  roughs 
and  friends  of  Casey  that,  should  harm  befall  hini, 
the  city  would  suffer  for  it.  This  was  the  month  of 
May,  they  said — May,  with  its  gloomy  reminiscences, 
the  month  of  fires,  with  their  attendant  pillagings. 
The  hard  times  throughout  the  country  had  driven  to 
the  city  hundreds  of  desperadoes  only  too  ready  to 
profit  by  general  disaster  and  anarchy.  Therefore 
beware,  citizens  of  San  Francisco!  To  your  homes, 
and  leave  the  affairs  of  the  municipality  and  tlio 
avenging  of  her  wrongs  to  the  advocates  of  law  and 
order,  to  impotent  judges,  wriggling  lawyers,  ballot- 
box  stuffers,  and  prize-fighters. 

"Were  it  not  better,"  says  one,  writing  in  the 
Herald  the  I7th,  "that  these  criminals  should  es- 
cape justice  entirely  than  that  the  blood  of  many  inno- 
cent persons  should  pay  their  death?  A  mob  nuist 
be  resisted.  There  are  persons  whose  duty  it  is  to 
resist  it,  and  it  cannot  be  expected  that  they  will  de- 
sert their  posts.  The  consequence  will  be  that  many 
lives  will  be  lost,  whatever  may  be  the  success  of  the 
mob."  What  a  doctrine  was  herel  Murderers  were 
abroad,  the  ballot-box  was  subverted,  wicked  men  sat 
in  judgment  upon  their  accomplices,  the  very  life  of 
social  order  and  good  government  was  in  danger,  and 
anarchy  was  threatened.  Hirelings  were  appointed 
to  defend  the  skeleton  of  justice,  through  whose 
wickedness  or  imbecility  criminals  escaped;  and  when 
in  self-defence  society  strikes  a  blow  in  aid  of  justice, 
this  man  of  peace  cries  out,  "Beware!  don't  toueh 
the  assassin  with  his  bloody  knife,  or  some  of  you 
will  be  hurt!"  Nay,  I  say,  where  such  principles  are 
at  stake,  better  perish  half  the  good  citizens  of  Sau 
Francisco  than  let  one  murderer  escape.  And  su 
thought  the  men  of  vigilance. 


CHAPTER  XII. 

THE  PERILS  OF  JOURNALISM. 

Tout  faiseur  de  joumaux  doit  tribut  au  Malin. 

Fontenelle, 


To  be  right,  and  know  it,  is  dangerous.  Few  can 
afford  to  be  reformers.  The  world  of  opinion,  aside 
from  the  alphabet  of  morals,  is  as  apt  to  be  on  the 
wrong  side  as  on  the  right  side  of  a  question.  A  pub- 
lic journal  cannot  be  a  reformer.  As  the  mouth-piece 
of  a  sect  or  school  it  can  but  speak  the  opinions  of  its 
sustainers.  If  it  se|;s  up  a  morality  of  its  own,  its 
readers  drop  it;  if  it  attempts  to  run  without  pre- 
ttiict!  to  morality,  that  is  to  say  without  cant  and 
hypocrisy,  its  readers  drop  it.  Every  journal  boasts 
its  independence,  yet  no  journal  is  independent. 
Theio  is  no  such  thing,  speaking  broadly,  as  freedom 
of  the  press,  any  more  than  there  is  freedom  of  the 
pulpit.  The  press  and  the  pulpit  must  speak  to  a 
class,  and  must  tell  them  only  that  which  they  wish 
to  ho  told.  And  of  all  things  on  earth,  the  people  like 
to  he  humbugged.  King  of  William's  paper  was  the 
iiioutli-piece  of  a  class  longing  to  express  its  senti- 
ments; otherwise  it  would  not  have  lived  a  week.  Of 
all  servile,  cowardly  things,  a  bombastic,  braggadocio, 
indepoiidont  newspaper  is  the  most  servile  and  cow- 
ardly. It  dare  not  think  a  thought  nor  breathe  a 
word  but  as  the  reflection  and  echo  of  its  supporters. 

From  first  to  last  the  proceedings  of  the  law  and 
order  leaders  were  based  upon  a  hypocritical  pretence 
of  reverence  for  law,  or  rather  for  the  forms  of  law. 

( 305  ) 


206 


THE  PERILS  OP  JOURNALISM. 


I 

t  !  : 


Now  it  was  notorious  that  of  all  men  in  the  commu- 
nity these  were  in  their  acts  the  most  lawless.  From 
President  Pierce  to  Yankee  Sullivan  it  was  notorious 
that  those  whose  cries  of  'Great  is  the  law  with  its 
time-honored  protecting  technicalities!'  rose  alike  I'lom 
legislative  halls,  court-houses,  and  jails;  that  these,  of 
all  others,  in  their  deeds  almost  daily  set  law  at  duli- 
ance.  The  careful  reader  cannot  have  failed  to  ob- 
serve that  tlie  double-dealing  president,  the  imbeciL' 
governor,  the  stabbing  supreme  judge,  the  murderou;:- 
minded  general,  as  well  as  the  ballot-box  stuffer  and 
the  ordinary  assassin,  all  went  contrary  to  the  hr.v 
that  they  pretended  so  devoutly  to  worship.  In  nioiv 
than  one  instance  in  connection  with  their  dealiiii^s 
with  the  Vigilance  Committee  little  heed  was  paid  to 
law  when  it  stood  in  the  way  of  passion,  prejudice,  or 
advancement. 

But  what  has  become  of  our  organs,  our  montli- 
pieces,  our  exponents  of  public  sentiment,  our  l)raiiis, 
those  who  do  the  thinking  for  \\s,  those  who  form  for 
us  our  opinions  and  give  them  us  ready-made,  our 
teachers,  the  daily  press?  The  ranks  of  the  leaders  of 
public  opinion  seem  to  be  demoralized,  broken  into 
helter-skelter  scrambles.  Men  are  seen  rushing  liitlicr 
and  thither  and  round  corners  chasing  opinions  of 
their  own  engendering.  Stand  aside,  if  you  would  not 
be  crushed,  oh,  directors  of  human  progress,  manu- 
facturers of  general  ideas !  For  one  brief  moment  the 
l)eoplo  will  think  for  themselves. 

The  California  Chronicle,  a  daily  morning  {);;i)C'r 
editefl  by  two  of  California's  most  able  journalists. 
Frank  Soule  and  W.  L.  Newhall,  was  at  this  time  ia 
the  height  of  prosperity,  and  second  only  in  stroniftli 
and  ability  to  the  He  raid.  But  the  pistol -sliot  (if 
Casey  struck  it  as  with  paralysis.  It  hated  Khv^: 
must  it  now  praise  him?  It  loved  law;  but  it  would 
have  killed  King  itself  had  it  possessed  the  couras^e. 
It  loved  order  and  hated  law  when  it  looked  upon  the 
people;  it  loved  law  and  hated  order  when  it  turned 


THERMOMETER  OF  PUBUC  OPIXION. 


207 


to  King  and  Casey.  It  loved  and  hated  everything 
and  everybody;  especially  it  loved  itself  and  hateil 
the  Bulletin.  The  people !  It  would  have  damned  the 
peoiilc,  had  it  dared,  while  it  licked  their  hand  and  laid 
ai  rlieir  feet  its  most  humble  and  devout  services. 

About  this  murder,  what  was  to  be  done?  Mount- 
ing tlio  fence,  it  takes  a  survey,  and  sees  the  surging 
musses  on  the  one  side  and  lowering  law  on  the  other ; 
tlien  lifting  its  voice  the  morning  after  the  shooting 
it  cries — nothing;  mouthing  generalities.     Listen: 

"  What,  then,  shall  we  do?  Appeal  to  the  courts  and  see  that  they  do  their 
dut}'.  Let  reason  and  law,  nay,  make  reason  and  law,  vindicate  the  outraged 
laws  and  peace  of  society.  Our  courts  must  protect  us,  and  vindicate  at 
oiico  tlie  chfiracter  of  the  community  and  the  violated  laws.  There  must  be 
lionct'forth  no  triQing.  Offended  law  must  bo  vindicated.  Justice  must  l)e 
8;iti.slied.  Murder  must  be  punished.  Homicides  must  cease.  Riot  and  blood- 
sIrmI  must  be  prevented,  or  society  is  at  an  end,  and  irremediable  havoc  and. 
loiin  will  cover  us  like  a  pall." 

That  is  to  say,  if  this  shooting  is  not  stopped,  some 
one  is  likely  to  be  hurt.  If  society  is  slaughtered,  lot 
slip  the  dog  of  warl  Twaddle.  But  stop;  this  will 
not  do !  See  the  almighty  people  1  They  mean  some- 
thing; a  thought  has  struck  them,  a  veritable  thought, 
and  the  Chronicles  subscribers  rave  and  run  about 
the  streets  like  mad.  Hence  its  cock-a-doodlc  of  May 
15th,  delivered  after  an  unquiet  roosting  on  the  fence 
that  night;  but  perceiving  yet  darker  thunder  in  the 
sky  next  morning,  it  again  lifts  its  voice,  flaps  its 
wings,  and  hops  down  upon  the  side  of  vigilance. 

]^istcn  to  the  manly  and  independent  journalist 
now,  Friday  morning,  the  1  Gth.     How  lovely ! 

"The  condition  of  things  has  changed.  Our  best  citizens  have  come  to- 
gether and  organized.  The  excitement  has  become  a  sentiment.  Tliey  feel 
that  the  time  has  come  when  murder  must  cease,  wlicn  it  shall  cease ;  when 
this  conuiuinitj'  must  be  purged  of  its  dregs,  of  the  creatures,  whoever  thoy 
are,  who  have  poisoned  the  fountains  of  society  and  made  the  place  as  loath- 
some as  a  charnel-house.  With  this  sentime..'.  we  fully  agree.  'J'here  are  men 
among  ns  for  whom  we  have  no  use.  They  are  a  curse,  a  leprosy.  There  is 
110  use  for  the  gambler,  except  to  drive  him  out  of  the  city.  There  is  no  Ufse 
fur  the  nuirderer,  except  to  liang  him.  If  the  courts  will  do  nothing,  wliat  arc 
tile  rights  of  the  people?    When  all  other  means  of  redress  fail,  have  not  they. 


208 


THE  PERILS  OP  JOURNAUSM. 


who  are  the  source  of  all  power,  who  are  all  power,  the  right  to  arise  and  vin. 
dicate  violated  and  outraged  humanity?  Most  certainly.  The  right  of  revo- 
lution is  theirs,  the  right  of  defending  themselves  and  each  other,  the  right  to 
weed  out  the  villains  of  whatever  kind  who  leagu-  together  to  cheat,  to  rob, 
and  to  murder.  For  seven  years  our  streets  haVe  been  turned  into  slaughter- 
pens.  For  seven  years,  almost  without  exception,  the  courts  have  stood  aa 
protectors  of  murderers,  cheating  justice  by  their  shams,  and  turning  the 
offender  loose  upon  society  with  an  endorsement  of  innocence,  while  the  whole 
community  knew  the  endorsement  to  be  a  lie.  They  have  punished  miserable 
thieves  with  despatch,  but  rich  robbers,  moneyed  murderers,  and  successful 
gamblers  have  gone  free.  What  punishment  has  been  inflicted  for  any  of  the 
murders  of  the  past  seven  years?  Only  two  men  have  suffered,  and  they 
because  they  had  no  money  and  no  friends.  One  or  two  others  have  been 
found  guilty.  The  poor  German,  Oldman,  killed  like  a  dog,  is  in  his  grave. 
How  the  lawyers  and  the  courts  tried  to  save  his  slayer  I  It  was  only  Inicause 
Judge  Hager  was  on  the  bench  that  he  was  not  set  free  on  a  quibble  the 
second  time.  Dr  Baldwin,  an  old  man,  was  shot  in  the  back,  and  his  mur- 
derer was  cleared  and  sent  out  upon  society  as  if  ho  had  done  a  good  <leed. 
Twitchell  was  nmrdered  because  he  stepped  over  an  imaginary  line,  and  a  farce 
in  the  form  of  a  trial  set  his  murderer  free.  Richardson's  murder  is  still  un- 
avenged ;  so  is  that  of  many  other  of  our  slaughtered  cHizens.  Wliat  use  have 
we  for  the  thieves,  vagabonds,  and  murderers  who  infest  the  city  and  make  •' 
hideous?  In  the  gambler's  hell,  in  the  stnimpet's  den,  murderous  deeds  liave 
been  concocted ;  m  the  city's  streets,  in  the  marts  of  business,  in  the  dark 
alley,  in  the  highways  and  in  the  by-ways,  life  has  been  taken ;  iu  the  courts 
perjured  jurors  have  acquitted  the  criminals,  and  judges  have  justified  as- 
saults with  intent  to  kill,  if  not  murder  itself;  and  if  by  chance  one  is  con- 
victed, immediately  the  jury  recommends  him  to  mercy,  and  the  supreme 
court  grants  him  a  new  trial.  Who  need  wonder  that  public  patience  is  at 
length  exhausted?  Who  wonders  that  a  vast  portion  of  our  people,  our  l)est 
men,  our  merchants,  our  mechanics,  honest,  honorable,  quiet  mer  have  at 
length  banded  together  with  a  stem  determination  of  cleansing  this  Augean 
stable?    They  have  a  right  to  do  it,  and  they  ought  to  do  it." 


Converted!  but  too  late — the  Alta  has  the  auc- 
tioneers' advertisements.  Waver  not,  leader  of  public 
opinion!  Judge  instantly  which  way  the  herd 
headeth;  then  quick  to  the  ^ront  and  cry  them  on,  if 
you  would  not  be  trampled  under-foot. 

Says  McGowan  in  his  narrative:  "The  evoiting 
before  the  rencounter  of  King  and  Casey  I  was  in 
Barry  and  Patten's  drinking-saloon,  on  Montgoiutry 
street,  in  company  with  J.  C.  Cremony,  Esq.,  of  the 
San  Francisco  Sun,  and  Mr  Casey.  While  we  w  "o 
drinking  at  the  bar  we  were  joined  by  Frank  Souio, 


SO-CALLED  OPIXION. 


209 


Esq.,  of  the  Chronicle,  and  another  gentleman,  also,  I 
think,  connected  with  that  press.  The  subject  of* 
c()ii\  crsation  when  they  joined  us  was  the  braggadocio 
and  threats  of  the  King  family,  and  the  white  feather 
shown  by  Tom  in  the  Caliban  matter  that  morning, 
Mr  Soule  stated  that  he  had  been  persecuted  by 
James  King  of  William,  and  had  even  gone  so  far 
ii8  t(j  })rocure  a  double-barrelled  shot-gun  for  the  pur- 
pose of  killing  him,  and  that  nothing  but  the  en- 
treaties of  his  partner  had  prevented  him  from  doing 
so.  The  evening  of  the  shooting  of  King,  Mr  Sould 
called  upon  Casey  in  the  county  jail,  and  taking  him 
hv  hoth  hands  shook  them  heartily,  saying  that  the 
j>t't)|)lo  would  thank  him  for  what  he  had  done." 

Take  this  statement  for  what  it  is  worth;  pass  the 
Cliroiiiclc'i^  purgatorial  day,  the  15th,  and  read  the 
followinijf  from  the  issue  of  the  21st:  "James  Kini^  of 
William  is  no  more!  Another  victmi  of  the  bloody 
code  lies  still  forever.  One  martyr  more  for  liberty 
has  paid  liis  penalty  for  speaking  what  he  thought. 
What  threats  could  not  effect,  bribes  failed  to  ac- 
complish, the  pistol  has  done,  assassination  has  fin- 
i^ihud.  The  bold  denouncer  of  wrong,  the  fearless 
antagonist  of  crime,  the  brave  citizen  who  risked  life 
and  reputation,  happiness  and  home,  in  the  herculean 
task  of  tearing  the  mask  from  vice  and  laying  villainy 
()[)cn  to  the  view,  lies  in  his  bloody  shroud,  because 
he  felt  it  his  duty  to  expose  evil  and  possessed  the 
daring  to  do  it."  And  so  on.  And  how  beautiful  it 
isl  How  sincere!  This  man  performs  his  unwelcome 
task  like  one  hired  to  mourn  an  enemy's  loss.  And 
the  stupid  people  sit  and  swallow  it,  because  they 
like  the  taste  of  it. 

The  Toirn  Talk  turns  upon  a  rustier  pivot.  At  first 
it  is  prompt  and  pronounced  for  law  and  order,  and 
several  days  of  veering  elapse  before  it  points  squarely 
to  the  side  of  the  people.  The  next  morning  ai'ter  the 
shooting  it  says:  ''We  do  hope  and  trust  that  tho 
sober  sc"(jnd  thought  will  prevail,  and  that  our  city's 

Pop.  Tbib.,  Vol.  II.    14 


210 


THE  PERILS  OF  JOURNALISM. 


fair  Tianic  may  be  preserved.  Tliough  a  great  wroiio; 
lias  heon  committed  against  society,  and  a  lasting  itijiiiv 
inilicted  upon  our  city,  let  the  law  have  its  courses  aiid 
jnniish  this  offence."  The  next  day,  the  HKli,  the  edi- 
tor's mind  seemed  somewhat  perplexed.  "The  people 
have  tliu  power  in  their  own  hands,"  he  says,  "and 
can  demand  that  justice  be  done  in  the  matter,  or  tliat 
that  failing,  mete  it  out  themselves.  Whatever  i.s 
done,  let  it  be  done  calml}',  coolly,  and  deliberately, 
without  sacrificing  the  lives  of  our  citizens.  To  attack 
the  jail  would  be  to  throw  away  many  valuable  lives, 
as  its  ramparts  bristle  with  bayonets.  Rather  let  tliu 
law  punish,  and  the  committee  of  the  public  wee  that 
the  law  is  faithfully  executed."  The  morning  Ixd'ore 
Mr  King's  death  it  appears  impressed  by  the  imposino- 
appearance  of  the  three  thousand  under  arms.  It  dwells 
on  the  "subhme  sight  of  a  whole  conmumity  rising- 
up  in  the  majesty  of  their  power  and  demanding  the 
surrender  t)f  authority  delegated  to  their  servants,  wIki 
have  proved  unworthy  of  the  trust,"  and  concludes  hy 
saying  that  "it  is  to  be  hoped  that  the  city  and  county 
officers  will  resign,  and  not  continue  in  office  after  the 
sceptre  of  power  has  departed,  and  confidence  in  tluiii 
has  been  lost."  The  morning  after  Mr  Kino''s  dealli 
the  editor  is  too  affected  to  speak.  "This  is  not  the 
time  to  write  his  eulogy;  the  hour  is  burdened  with 
grief,  and  the  heart  too  sad  for  the  task."  Ilevived, 
the  24th  he  strikes  out  in  a  vehement  defence  of  the 
Committee.  Alluding  to  the '  reign  of  terror,'  as  the  law 
and  order  advocates  characterized  the  rule  of  the 
Vigilance  Committee,  he  remarks :  "We  adopt  the  teria 
in  the  only  sense  in  which  it  is  true,  the  reign  of  tenor 
to  the  rogues  in  the  cit3^  And  long  may  that  leiiju 
of  terror  continue  which  has  driven  the  ballot-boK 
stuffers  and  the  election  bullies  to  their  hiding-places; 
that  secures  the  honest  man  the  right  to  vote,  and 
enjoy  the  property  in  peace  which  he  has  ac(|uiird 
by  honest  industry;  that  secures  the  virtuous  wives 
and  daughters  of  our  people  from  the  contain inatiuu 


RABBLE  OUG^iX. 


«1 


of  {ho  brazen  courtesan  in  tlio  public  streets;  and  lon^ 
may  that  terror  reign  ^liicli  secuies  the  honest  man 
Ills  liiijhts  as  a  citizen,  and  drives  the  gambler  and  his 
satellites  to  their  hells,  more  gloomy  than  hades  itself. 
To  those  who  have  lived  in  every  violation  of  God 
and  man,  to  those  who  have  ileeced  the  unwarv  anil 
tlioninhtless  in  the  gambling  hells,  to  i'hose  who  have 
i'attcncd  on  the  spoils  of  office  illegally  obtained,  to 
those  who  never  earned  a  dollar  by  honest  toil,  but 
roll  through  our  streets  in  pomp  and  luxury  on  the 
imaiis  lilched  from  our  people,  to  all  such  this  is 
iiidied  a  reign  of  terror.  God  grant  that  the  lesson 
may  continue  until  every  rogue  in  the  land  shall  flee 
our  city;  then  the  fruits  of  the  recent  revolution  will 
he  sueii,  and  this  reign  of  terror  will  be  complete. 
Bu.siiR'ss  will  be  resumed;  the  mechanic  will  return  to 
his  labor  with  renewed  energy,  feeling  that  there  is 
stih  security  for  person  and  property  in  California. 
But  who  fuels  the  present  government  to  be  a  reign 
ol' terror?  Does  the  merchant,  whose  business  has  been 
suspended  for  a  whole  week,  and  whose  money  has  been 
freely  contributed  to  support  it?  Does  the  honest 
mechanic,  who  has  laid  aside  his  tools  and  shoulderetl 
the  nuisket  to  sustain  it?  Do  these  gallant  men  who 
have  sacrificed  their  ease  and  comfort,  and  endured 
the  dangers  and  privations  of  a  soldier?  Dt)  good  and 
just  men  everywhere  regard  it  as  a  reign  of  terror  i 
We  answer  emi)liatically.  No.  They  know  it  is  the 
only  salvation  of  the  noble  city  they  have  toiled  to 
build  up.  They  yield  the  government  not  mere  tacit 
obedience,  but  are  willing  to  peril  life  and  property  to 
sustain  it.  The  city  was  never  more  orderly  than  at 
the  ])i'esent  time.  Approach  one  of  the  court-rooms, 
and  it  is  like  some  banquet-hall  deserted.  The  officers 
are  lounging  about  idly  from  old  associations,  not  that 
they  have  any  business  to  do;  those  eloquent  ha- 
rangues that  we  were  wont  to  hear  in  that  vicinity 
have  'dried  up,'  and  your  footstep  sends  back  a  hollow 
«ound,  and  the  echo  reverberates  through  the  building 


>12 


THE  PERILS  OF  JOURNALISM. 


without  a  response.  It  looks  sad  and  desolate,  niid 
those  who  have  been  cut  off  from  the  crumbs  look  (In- 
jected and  sorrowful  indeed.  Many  will  be  driven  to 
that  last  sad  alternative — work.  It  is  hard,  but  this 
is  one  of  the  evils  of  this  reign  of  terror.  May  they 
find  consolation  in  a  good  appetite." 

Very  well  done  for  one  so  slow  to  see  so  plain  a 
path.  The  fact  is,  these  journals  could  not  face  tlio 
ruin  which  the}^  saw  staring  them  in  the  face.  AftLi- 
all,  John  Nugent  of  the  Ilcrald  was  the  manliest  of 
them  all;  not  in  persisting  in  an  erroneous  course',  hut 
in  his  consistency.  One  respects  a  hearty  fighter  in 
a  bad  cause  more  than  a  renegade. 

"  If  asked  whether  five  men  or  five  hundred  nitn," 
writes  the  editor  of  the  Sacramento  Union  on  the  2 1st 
of  May,  "possessed  the  right  abstractly  to  hang  u 
man  charged  with  crhne  without  authority  of  law,  and 
without  his  havino;  been  convicted  accordin<j  to  the 
rules  of  evidence  which  obtain  in  our  courts,  we 
should  answer  in  the  negative.  But  the  action  of 
the  people  of  San  Francisco  during  the  late  fearful 
excitement,  caused  by  the  shooting  of  ]\Ir  King,  is  as 
unlike  the  proceedings  of  a  mob  as  some  legal  farces 
of  trying  men  for  murder  which  have  been  enacted 
in  that  citv  arc  unlike  le^jal  ijroceedinfjs  in  courts 
where  law  is  administered  with  an  impartial  liiiiid, 
and  where  all  the  officers  of  court  take  a  pride  in  dis- 
charging their  duties  faithfully  and  fearlessly." 

"When  are  these  thinsfs  to  end?"  asks  the  Alt((  the 
morninij:  after  the  shooting.  "How  lonjx  is  San  Fran- 
cisco  to  be  cursed  with  the  enactment  of  such  scenes 
as  that  of  yesterday?  How  long  are  people  in  the 
Atlantic  States  to  be  deterred  from  coming  hero  hy 
the  fact  that  human  life  is  held  here  at  so  liglit  a 
value?  How  long  is  the  death-dealing  pistol  to  he 
the  arbiter  of  differences  between  man  and  man  heref 
These  are  questions  which  must  be  seriously  con- 
sidered; and  it  is  time  they  were  answered,  and  an- 
swered emphatically.     Through  all  the  excitement  of 


ALTA,  JOURNAL,  NEWS,  PACIFIC. 


213 


vcstt'iday  there  was  a  deep  and  earnest  teeling  pre- 
vailing among  all  good  citizens,  a  determined  expression 
that  it  was  time  to  act  and  do  something  to  redeem 
the  hlood-stained  character  of  our  city,  to  save  it  from 
tilt'  reputation  of  being  another  golgotha." 

For  these  and  like  brave  words  the  Alta  was  re- 
warded by  the  patronage  of  the  associated  auctioneers, 
A\  liich  it  retained  for  twenty-five  years,  and  yet  retains 
at  this  writing,  and  whose  united  advertisements,  more 
than  once,  have  been  the  means  of  saving  that  jour- 
nal tVoni  bankruptcy. 

Tlie  evening  press,  having  had  more  time  in  which 
to  consider  matters  and  arrive  at  conclusions,  exhibits 
tlie  tone  of  public  opinion  more  evenly  than  the 
morning  papers.  Says  the  Journal:  "It  was  known 
to  many  before  the  fatal  moment  that  it  was  about  to 
liapjien,  and  it  was  spoken  of  as  a  thing  certain  to  bo 
ace()nn)lished;  and  the  fervent  hope  and  prayer  of  our 
citizens  is  that  these  parties  shall  be  ferreted  out,  that 
tlio  seal  of  public  condenmation  shall  be  placed  upon 
them,  and  the  majesty  of  the  law  visited  upon  them 
in  its  greatest  force  and  extent.  All  pimps  and  street- 
brawlers  who  parade  our  thoroughfares  armed  with 
revolvers,  derringers,  knives,  and  bludgeons,  these 
people  umst  be  banished  from  every  post  of  official 
trust  and  power.  And  if  the  citizens  do  not  nov/ 
tiiinly  resolve  to  give  no  rest  to  the  matter  from  this 
time  forth  until  its  accomplishment,  then  we  are  lost, 
and  our  city  will  become  a  prey  to  gamblers,  de- 
bauchees, and  a  gang  of  political  hell-liounds  that 
know  no  law  but  passion,  and  recognize  no  arbiter  but 
the  assassin's  knife  and  deadly  revolver.  Shall  we 
yield  this  fair  city  a  prey  to  such  men  and  such  influ- 
ences, or  shall  we,  like  men  who  can  justly  value  the 
riglits  we  have  been  taught  to  enjoy,  band  together 
and  by  a  united  impulse  and  a  persevering,  untiring 
vijjjilance,  reclaim  our  city  from  this  detestable  class, 
and  inaugurate  the  era  of  justice  and  the  rights  of 
the  people?" 


Sl4 


THR  PERILS  OF  JOURNALISM. 


And  the  Xeu's:  "Wo  have  watched  our  young  stato 
tdinost  from  its  infancv,  and  have  witnessed  all  tlio 
disorders  and  crimes  incident  to  a  new  and  disori^au- 
ized  society,  yet  we  are  free  to  confess  that  no  mcnt 
has  filled  us  with  greater  horror  or  detestation,  liol)- 
hery,  arson,  and  murder,  it  is  true,  have  been  iv- 
corded,  and  even  the  assa.ssin  has  dared  to  lift  his  aim 
in  an  unfrequented  street,  but  never  before  has  an  as- 
sassin audaciously  performed  his  dastardly  work  in  the 
light  of  day,  amid  a  crowd  of  witnesses,  and  at  the 
risk  of  increasing  the  number  of  his  victims  from 
among  our  most  peaceable  and  best  citizens.  Our 
society,  instead  of  advancing  seems  to  have  rotrn- 
graded.  In  years  past,  robberies  were  sufficient  t(i 
consign  the  culprit  to  the  gallows.  Wc  have  now 
])roceeded  from  robbery  to  murder,  from  murder  tn 
assassination.  We  are  aware  the  criminals  in  our 
midst  form  a  very  small  proportion  of  our  population, 
yet  our  whole  people  are  held  l)y  the  civilized  woild 
as  responsible  for  their  deeds.  We  are  no  advocates 
of  vigilance  committees  or  lynch  law.  The  remedies 
which  they  aftbrd  for  existing  evils  are  perhaps  as  bad 
as  the  evils  which  they  propose  to  eradicate.  But  it 
is  impossible  that  things  should  remain  as  they  are. 
A  change  must  be  eflected;  our  very  existence  de- 
pends upon  it." 

The  religious  journals  were  the  most  pugnacious 
and  lawless  of  all.  Thus  the  Pacific:  "The  only 
(juestion  is,  what  is  the  duty  of  our  citizens?  A  meet- 
ing of  the  Vigilance  Conmiittee  has  been  summoned 
to  meet  at  nine  o'clock  this  morninij.  Shall  the  Com- 
mittee  reorganize  and  reassert  justice  once  more  m 
our  midst?  If  the  people  havo  reasonable  ground  of 
confidence  that  justice  cai>  now  be  secured,  not  only 
in  this  case,  but  generally,  in  our  courts,  the  duty  is 
then  plain  to  leave  the  case  there.  To  leave  it.  Tlie 
m  re  exhortation  to  secure  the  action  of  the  courts, 
the  exhortation  of  the  courts  to  fidelity,  is  of  no  ac- 
count whatever.    But  if  there  is  no  chance  of  justice; 


GENERAL  0]  IXIOX. 


:i.- 


if  ciliiiiiiuls  arc  certain  to  j^'o  free;  if  jL^amMcrs,  and 
inison-ltirdis,  and  blucklcj^s  yet  control  the  forni.s  of 
law;  if,  while  James  Kin;^'  lies  in  his  gore,  James 
Casey,  ^.'uarded  l)y  friends  in  ]>rison,  can  mock  at  jus- 
tice and  laugh  at  puhlic  indignation  —  then  let  the 
.strength  of  tlu;  people  he  felt  once  more,  inspiring 
liar  alike  among  the  black-hearted  criminals  and  olli- 
rials  ((jually  corrupt.  If  no  justice  he  meted  out  in 
this  case,  other  victims  will  vet  be  demanded.  The 
life  of  no  man  is  safe  who  dare  utter  his  true  senti- 
imiits.  If  it  becomes  impossible  to  convict  a  man 
who  brutally  assaults  an  editor,  his  fit  associates 
.standing  around  to  prevent  relief;  if,  at  Sacramento, 
a  judge  «jf  the  supreme  bench  will  turn  aside  from  his 
olHce  to  attack  a  citizen  for  expressing  an  opinion 
upon  liis  character;  if  the  murderer  of  Richardson, 
])nrcliasing  with  money  the  eloquence  and  iniluence 
of  the  bar,  can  set  justice  at  defiance;  if  one  of  our 
most  useful  citizens,  to  whose  fearlessness  and  truth- 
1'iihu'ss  the  community  is  largely  indebted,  can  be 
shot  down  in  open  day  by  one  wdio  has  also  a  jniblic 
Joinnul  at  his  C(mnnand  for  his  own  defence,  and  if 
tliere  is  no  chance  of  convicting  him — then  we  say  no 
man's  life  is  safe,  unless  we  connive  at  the  rule  of 
H'anihlei-s  and  ruffians.  It  is  a  serious  thinuf  for  the 
])CM)plc  to  take  the  execution  of  the  law  from  the  ap- 
jtointed  tribunals,  but  it  is  a  thousand  times  more 
serious  that  it  be  not  executed  at  all.  In  the  eye 
of  the  law,  without  possibility  of  counter-testimony, 
Jaiiius  P.  Casey  is  a  murderer.  He  ought  to  be 
hanged.  It  is  for  each  man's  conscience  to  say  whether 
lie  believes  that,  left  to  our  courts,  Casey  will  be 
hanged.     Believe  it  who  will,  we  do  not." 

The  Globe  seems  much  concerned  for  the  liberty  f>f 
the  j)ress,  and  asks,  if  editors  cannot  call  supervisors 
names,  what  will  become  of  us?  The  German  Jour- 
nal, Wkk  West,  bidden  Era,  Mail,  LEcho  du  Paci- 
iKluc,  Le  Pharc,  Le  Patriate,  come  out  in  about  the 
same  strain  of  condemnation  of  tlu  deed,  and  sym- 


216 


THE  PERILS  OF  JOURNALISM. 


path}'  for  the  wounded  editor's  family.  Says  tlio 
Goi'inau  Democrat:  "To  us  it  is  a  matter  of  indiltor- 
<'iice  whether  Casey  will  be  hanged  or  not,  bocausf  if 
Casey  is  hangeil,  there  are  ten  others  like  him;  and  to 
call  a  vigilance  committee  for  this  purpose  only  is  of 
no  use.  What  we  do  desire  is  an  entire  annihilation 
of  the  criminals  and  gamblers,  removal  of  the  saiiiu 
class  from  office,  reestablishment  of  the  elective  iraii- 
chisc,  and  guaranty  of  the  freedom  of  the  press.  As 
long  as  we  let  -these  scoundrels  remain  liere,  things 
will  ]K>t  be  better.  A  vigilance  connnittee  must  iint 
only  hang  Casey,  but  must  also  clear  out  our  city  of 
his  like." 

For  a  long  time  after  the  uprising,  the  Bulletin  con- 
tinued unifcnerously  to  kick  the  dead  bodies  of  its 
enemies.  It  spoke  slurringly  of  those  who  took  chai'in'c 
of  the  remains  of  the  departed  unfortunates,  and  stig- 
matized those  who  followed  them  to  their  graves. 
lender  the  editorship  of  Thomas  King,  who  suc- 
ceeded his  brother,  it  rapidly  degenerated,  and  was 
kept  alive  more  by  public  symjiathy  than  by  pei-soiuil 
merit.  The  issue  of  May  28tli  leads  oft*  in  a  [)UL'iiK' 
imitation  of  the  original  editor,  as  like  his  as  tli ; 
braying  of  an  ass  is  like  the  roarinyf  of  a  lion,  in 
which  the  brother  bellows  and  brays  at  judges,  otli- 
cials,  and  bankers  in  the  silliest  of  verbiage.  Tlio 
p'>rsonal  abuse  upon  which  the  journal  had  fattciiwl 
during  the  rcyinw  of  the  original  King,  under  tlio 
brother's  impotent  rule  had  become  a  species  of  in- 
tensified, blackguarding  hate.  He  who  was  not  a 
friend  to  this  newspaper  was  the  enemy  of  God  and 
man.  Here  was  the  touchstone  of  good  citizenship; 
and  here  the  good  citizen's  catechism: 

Who  made  3'ou?     The  Bulletin. 

Who  redeemed  vou  ?    The  Bulletin. 

*■'  

To  what  end  were  you  created?    The  Bulletin. 

Do  you  love,  subscribe  for,  advertise  in  the  />"//'- 
til);  do  you  think  upon  all  subjects  x;  Tom  King,  its 
editor,  thinks  i    Yes. 


JOHN  XUGENT. 


217 


Then  be  you  received  into  the  f,^oo<l  gi'accs  of  tlio 
JJiillctiii;  so  long  as  you  renuiiu  in  the  faith,  he  you 
severely  let  alone,  he  your  re})r.tation  never  slandered 
and  vi)ur  ruin  never  attempted. 

Tlio  career  of  the  Herald  v;as  somewhat  reniark- 
ahle.  Beginning  1st  of  June  1850,  at  a  time  when 
the  niining  fever  was  at  its  height,  it  rapidly  ntse  U> 
tlio  tii'st  rank  in  Californian  journalism;  and  I  would 
here  again  take  occasion  to  remark  that  neither  hefore 
nor  since  has  there  been  a  more  ably  conducted  news- 
])a]K"i'  on  the  Pacific  coast.  Its  editorials  dui'ing  the 
iirst  few  years  of  its  existence  were  eijual  to  those  of 
liist-class  eastern  and  European  journals,  and  vvhile 
fully  alive  to  the  magnitude  of  the  times,  ami  beliiud 
none  in  energy,  its  temper  was  moderate  and  its  judg- 
laeiit  sound.  One  fatal  mistake  it  made — opposition 
to  the  A  in'ilance  'Jonnnittee  of  18r>r»,  and  for  this  it 
ultimately  j)aid  the  penalty  of  its  life.  In  Septendjer 
IsJI  the  associated  auctioneers  and  connnission  mer- 
cliants  of  San  Francisco,  comnrisinij:  some  twenty 
auction  and  connnission  houses,  representing  the 
laru'cst  business  interests  of  the  citv,  made  arranu'e- 
nuiits  to  advertise  exclusively  in  its  columns,  and 
tlicst'  arrangements  were  formally  continued  from  year 
to  year  up  to  the  14tli  of  May  IH.IG. 

Then  sold  this  journal  its  soul  to  Satan.  Fron.i 
that  moment  the  San  Francisco  Hcrafd  became  the 
(•liain])ion  of  scoundrels.  Villains  were  ope?ily  jn-aised 
;m(l  villainy  defended.  The  nrrivnls  and  dei)artures 
<if  notable  rascals  were  recorded  with  all  their  as- 
siuiuyl  titles,  and  amidst  eulogistic  details  the  most 
tlis;4usting.  Any  man  who  was  a  filibustei',  fenian, 
(knincrat,  or  southerner,  might  safely  claim  the  |)ro- 
ti-ctioii  of  this  sheet,  no  matter  what  his  antecedents 
'■r  his  crimes  may  have  been.  In  this  severe  state- 
luciit  1  believe  I  do  not  exngger;ue;  I  believe  that  T 
am  not  govenu'd  '>••  })rejudice,  and  that  it  is  only  ai'ter 
a  laiiful  and  caiulid  study  of  its  columns  for  months 
that    I   am  led  to  these   c;.)nclusious.     I   knev,-  John 


218 


THE  PERILS  OF  JOURNALISE*!. 


Nugent  at  the  time;  years  after  we  were  in  closer, 
friendlier  relationslii}),  I  always  admired  the  man, 
honoring  and  respecting  liini  in  my  heart  and  in  my 
words,  I  have  had  occasion  to  entertain  such  sciiti- 
nients  toward  some  of  his  successors,  but  I  must  con- 
fess to  but  few  of  them.  The  vigilance  journals  of 
185G  were  in  many  particulars  as  bad  or  woise  tliaii 
their  opponents.  They  were  partisan  and  insincere  in 
many  things.  Some  of  them  had  taken  a  stand  on 
that  side  from  passion,  others  from  pecuniary  interest. 
But  it  happened  in  the  main  that  they  were  on 
the  side  of  truth  and  righteousness,  however  detest- 
able the  character  of  their  editors  may  have  bcm; 
but  the  Ilenild  from  the  moment  of  its  disgrace  was 
filled  with  black  malignant  hate,  and  in  its  state- 
ments scrupled  at  neither  untruthfulness  nor  immo- 
rality, though  it  did  not  seem  to  know  it. 

Its  earlier  jtiety  was  not  unprofitable.  It  deiived 
its  full  share  of  patronage  from  the  first  Conuuittee. 
Amons:  several  bills  raiiixina;  from  twentv-five  to  one 
hundred  dollars  is  one  dated  2Gth  June  1  Hoi.  for 
"two  hundred  extra  large  posters  in  English,  Freneli, 
German,  and  Spanish,  thirty  dollars."  I'lu'se  w^re 
notices  of  meetings  and  rewards  for  criminals  to  be 
advertised,  beside  subscriptions  and  job  ])riutiii'i'. 
From  the  Ilendd's  bill  of  eighty-five  dollars,  Se[)teni- 
ber  1851,  thirty-five  dollars  are  deducted  "for  the 
good  of  the  cause." 

"The  position  of  the  San  Francisco  Herald,"  says 
the  Nevada  Journal  of  the  23d  of  May  185r>,  "is  at 
])rcsent  a  most  unenviable  one.  It  stultifies  its  whole 
former  course  by  its  present  denunciations  of  the  ac- 
tion of  the  citizens  of  the  city  in  which  it  is  pubHslied, 
for  in  former  years  when  the  people  of  that  city  ixei- 
cised  with  less  caution  and  moderation  the  powers 
they  have  recently  been  compelled  to  assume,  the 
JL'i'ald  was  one  of  the  warmest  suppoi'ters  of  tlie 
Vigilance  Connnitte(%  and  seemed  to  be  half  s  'fiated 
with  vengeance  when  the  people  laid  down  their  teui- 


THE  SAN  rrwANCISCO  'HERALD.' 


219 


r;i|K;- 

.■••If'ici 


]);)raiv  authority.  But  since  those  days  it  has  passed 
from  a  pretended  friend  of  the  pe()i)le  to  be  the  ortT^an 
of  the  very  corruptions  the  ])eople  are  most  called 
upon  to  abate — has  become  the  tool  of  men  whose 
iiucks  \v(juld  be  least  safe  were  a  scrutiny  suffici(!ntly 
keen  directed  upon  the  movers  in  many  of  the  dark 
schemes  continually  evolved  in  San  Francisco.  Truth 
and  justice  have  not  changed,  but  the  lleniUJ  has 
shamelessly  deserted  them;  and  its  ])resent  attitude 
ii'ji'ds  no  other  commentary  than  its  former  course  in 
ivterence  to  scenes  similar  to  those  now  transpii-ing  in 
Sun  Francisco. 

It  is  not  a  little  curious  to  watch  this  journal  in  its 
death  throes.  It  is  said  that  a  well  established  news- 
Jies  hard;  but  seldom  is  there  such  a  1)U)W 
^uch  a  journal,  and  with  like  ell'ect.  Though 
it  -I  i'iM'"uletl  for  several  years,  and  in  time  resumed  its 
i'oiiner  size,  it  received  'ts  death-blow  here;  it  never 
ivnained  its  prestige,  and  was  finally  obliged  to  suc- 
cumb. Listen  to  the  editor  Saturday  morniniif,  ^lay 
17lh:  "There  is  no  denying  that  the  stor-m  has  burst 
upon  us  in  all  its  fury,  but  it  is  just  such  a  storm 
as  wc!  love  to  breast.  We  are  alone  in  this  liij^ht, 
and  we  cannot  say  that  Me  prefer  to  be  otherwise. 
\n  our  whole  editorial  career  we  have  never  felt  a 
more  thorough  conviction  of  the  correctness  of  our 
cour.sc.'' 

Like  the  mail  of  clear  convictions  whose  luck  it  was 
alwavs  to  sit  Mpo(  the  iui'v-bench  with  eleven  fools, 
this  editor  a:  -'uiii  -s  well  niijh  infallibility  v.hen  he 
ijckiiow ledges  iii^uscif  alone  and  glories  in  it;  yet 
iiossihlv  there  \\\:v  ,ie  more  of  braufmidix-io  and  I'e- 
L'lvt  in  these  remarks  than  ghid  courage.  I  do  not 
know.  Then  he  threatens:  "We  assui'e  those  gentle- 
nuii  who  have  joined  in  this  unjust,  wanton,  and  (U's- 
picahh'  crusade  against  us  that  we  will  make  them 
h.idc  their  heads  for  very  shame  befoi'o  we  arc  done 
with  them."  S.)  th(.'  ])ress  may  strike,  but  the  ])eoj»le 
niay  not.      >  Ii'iinisliing  the  size  of  the  paper  was  in 


220 


THE  PERILS  OF  JOURNALISM. 


my  opinion  poor  policy;  unless  it  hoped  by  rssumin.^f 
an  attitude  of  persecution  to  excite  sympathy  iuul 
turn  the  tide  of  popularity  in  its  favor,  ^vhich  si<riiallv 
it  failed  to  do.  When  King  of  William  died  two 
black  bars  enclosed  the  notice  of  liis  death,  and  the 
editor's  remarks  were  sympathetic  and  respectful. 
The  next  day,  liowever,  as  if  to  make  amends  for  liis 
passin<^  bow  to  death,  in  a  two  column  leader  he  laiits 
louder  than  ever  aj^ainst  the  reign  of  terror,  militai  v 
despotism,  the  deiiancc  of  the  constitution,  the  ovir- 
throw  of  trial  by  jury,  the  surrender  of  our  hiitli- 
lights  into  the  hands  of  an  oligarchy,  and  twenty 
other  such  straits  *i:  which  the  three  thousand  bay- 
onets had  brought  i  .-  '  almost  attempts  to  justify 
the  deeds  of  Cora  anti  ase}'.  Strange  this  man  (if 
sense  should  so  suddenly  have  become  rabid,  iiisaiie. 
Why  were  not  all  these  able  and  elo(|uent  arguments 
thought  of  five  years  before,  when  this  same  editer 
was  throwing  himself  and  all  his  journalistic  inthienoe 
upon  the  side  of  sunnnary  justice? 

Com])are  this  with  a  statement  of  Mr  Nugent's  in 
the  colunms  of  the  same  journal  the  27th  of  January 
1855,  and  bear  in  mind,  meanwhile,  that  he  atfiims 
his  sentiments  have  not  changed.  "We  are  called 
upon  this  morning  to  chronicle  the  hanging  of  lour 
more  criminals,  by  order  of  a  people's  jury.  These 
niake  ten  executed  in  this  state  without  recourse  to 
the  machinery  of  law,  during  the  i)ast  month,  one  at 
Volcano,  one  at  ^lariposa,  one  at  Iowa  Hill,  two  at 
Los  Angeles,  one  at  Sonora,  three  on  the  San  .loa- 
quin,  and  one  on  Salmon  River;  and  in  eveiy  in- 
stance they  richly  merited  their  fate.  Had  thev  bcrn 
left  to  the  slow  ]irocess  of  the  law,  there  is  not  the 
sligJitest  probability  that  any  of  them  would  have 
been  punished:  or  if  nominally  punished,  that  tliey 
would  liave  remained  any  longer  than  suited  their 
])leasure  in  that  ])aradise  of  cutthroats,  the  state- 
l)rison.  Let  the  nuu'derers  and  burglars  of  San  Fian- 
ciwco,   who   seem   to   have   been   let   loose    upon  us, 


AIE-BEATIXGS  AND  FUSTIAN. 


221 


take  warning  by  the  fate  of  tlieir  fellows  in  the  in- 
terior." 

For  weeks  after  the  great  uprising  he  beats  the  air 
like  a  man  distraught,  and  in  his  two  or  three  columns 
daily  sinks  into  bombastic  sophism  and  verbiage.  In 
vain  luive  I  searched  his  editorials,  written  with  a 
iiiind  wrought  up  to  its  intensest  pitch,  for  one  sound 
arnunient  favorable  to  quiescent  obedience  to  law 
inidor  the  circumstances.  He  constantly  brings  for- 
ward the  people  as  having  usurped  the  government, 
train] tied  upon  the  constitution,  and  violated  all  the 
sacrt'd  liijhts  of  freemen,  when  no  one  knows  better 
than  he  that  such  was  not  the  wish  or  intention  of 
tlic  \'igilance  Committee.  Their  only  object  and 
tlu'ir  only  action  was  for  a  moment  to  assist  an  inibe- 
( ilo  government  and  put  paralyzed  law  upon  its  feet, 
lie  talks  of  the  sacredness  of  statutes,  constitutions, 
and  legal  forms,  as  Moses  would  talk  of  the  ten  com- 
uuiudnients.  Amjels  and  ministers  of  o-racel  Sacred! 
How  sacred  a  scene  was  Ned  McGowan  passing  sen- 
teiiee  on  a  pall  This  magistrate,  by  the  way,  in  com- 
mon with  other  noted  I'owdies,  he  always  mentions 
most  res])ectfully,  most  tenderly,  as  if  fearful  of  hurt- 
ing the  vilhun's  feelings,  calling  him  'Judge  McGowan,' 
and  the  'Honorable  Edward  McGowan.' 

The  Conunittee  found  it  necessary  to  search  certain 
jiiivatc  rooms  suspected  of  harboring  criminals,  and 
although  exceedingly  guarded  in  the  exercise  of  this 
duty,  and  ])ublicly  disclaiming  "any  intention  of  avail- 


llu' 


itself  of  the  power  of  searching  private  residences 
or  rnoius  j'or  the  p.arpose  of  arresting  criminals,  with- 
out reeeiving  permission  from  the  proprietors  of  the 
suspected  localities,  unless  such  searcli  is  countenanced 
and  aided  by  the  city  authorities,  under  the  customaiy 
wairants,"  yet  the  llnaliVs  editor  indulges  in  lengthy 
tirades  against  the  despotism  of  domiciliary  visits  and 
the  \i()la(ion  of  the  sanctity  of  households. 

The  term  revolution  was  often  applied  to  the  move- 
ment  liy  the  law  and  order  party,  which   unless  a 


oo.'> 


THE  PERILS  OF  J0UKXALI8M. 


f 

5 

1 
i 

moral  revolution  was  meant  was  manifestly  wroiin-, 
for  revolution,  in  its  ordinary  sense,  is  a  radical  chaiiL;v 
in  the  political  constitution  or  government  of  a 
country.  These  wilfully  blind  v>'ell  knew  tliat  it  Wii^ 
not  the  overturning  of  tlie  government,  but  of  ciiiiii- 
nals  unwhipt  by  the  government,  and  whom  tlie  gov- 
ernment claimed  the  exclusive  right  to  punish  ami 
would  not,  that  the  Connnittee  of  Vigilance  souglir. 
There  was  not  a  man  of  them  who  would  soil  liis 
fingers  with  law,  government,  or  punishment,  if  thdsu 
elected  I'or  that  work  would  perform  it.  It  will  nut 
do  for  a  man  to  be  vehemently  partisan  in  politics  or 
religion  if  he  wishes  to  remain  honest. 

It  was  a  lofty  tone  he  sometimes  assumed.  "AW 
are  too  lirnily  wedded  to  princi[>le  to  think  with  seri- 
ous concern  of  personalities,"  says  tlie  issue  of  May 
29th,  which  I  am  uncharitable  enough  to  interjirct: 
"I  have  taken  this  step;  I  regret  it  exceedingly:  I 
caimot  go  back,  for  then  I  would  lose  my  law  aii.l 
order  IViends  without  gaining  my  former  position 
among  the  merchants.  Then  the  humiliation  of  iv- 
canting;  I  would  sink  the  paper  first.  So  I  will  l)rave 
it  and  make  the  best  of  it."  There  was  no  principli' 
invohed;  it  was  merely  a  matter  of  opini(Mi  as  to 
whether  the  law  ccdd  cope  successfully  with  criiiii' 
without  the  untrannnelled  aid  of  the  people.  The  })riii- 
ci})le  of  the  matter  this  editor  determined  for  hinisdt' 
five  yeai's  previous  when  he  pursued  a  directly  o} 


)]')0- 


site  course;  and  he  repeatedly  says  that  his  o})inioiis 
are  the  same.  "We  stand  now  precisely  where  we 
stood  then.  The  only  difference  is,  that  we  now  up- 
hold the  laws  and  their  administration,  because  tln' 
safety  and  well-being  of  society  are  involved  in  tlieii' 
mainten;uice.  Then  we  justihed  the  resort  to  extra- 
legal and  extra-constitutional  courses  because  the  veiy 
existence  of  society  and  of  our  city  depended  n])en 
such  resort.  The  law  of  revolution  is  the  law  ei 
necessity.  When  the  necessity  no  h)nger  exists,  tlio 
right  ceases.     The  necessity  did  exist  in  1851,  and  it 


DEMPSTER  OX  NUGENT. 


223 


(Idos  not  exist  in  185G."  Clearly,  that  is  to  say,  the 
|)iiii('il)le  of  the  thing  is  the  same  now  as  it  was  then; 
the  vv^]\t  to  revolutionize  when  the  necessity  exists  is 
admitted  by  this  champion  of  law  and  order;  the 
iiocessity  did  exist,  it  does  not  exist  now.  Three 
tlious.uid  merchants  and  others,  having  as  much  at 
stake  as  the  editor  of  the  Herald,  thiidc  the  necessity 
does  exist  now.  And  this  was  all  the  foundation  for 
that  war  of  words,  that  pugilistic  logic  and  parade  of 
l('HaI  lore  tliat  for  years  divided  the  city  into  factions. 
The  insigniticance  of  the  thhig  is  only  equalled  by  its 
alisurdity. 

Hear  what  Mr  Dempster  says  of  Nugent:  "The 
very  morning  after  the  assault  the  proprietor  of  one 
(if  tlie  most  influential  journals,  who  had  cause  for 
jcaldiis  dislike  of  King,  editorially  described  the  as- 
sassination as  an  affray,  and  earnestly  besought  the 
|iul»li('  to  refrain  from  any  infraction  of  the  law.  This 
I'ditor  had  been  an  active  and  prominent  member  of 
the  ])revious  Vigilance  Committee,  and  continued  its 
anknt  defender,  l)ut  now  appeared  to  think  tlio  shoot- 
iiii;'  (if  a  rival  editor  a  crime  which  concerned  society 
](_ss  than  he  had  previously  regarded  the  theft  of 
jii(»|iiity.  He  had  a  courageous  combative  teinjiera- 
uu'iit,  and  having  taken  ground  against  others  follow- 
iiiL;'  the  examjde  he  had  set,  sought  to  create  as  strong 
ail  (ijiinion  against  the  organization  of  a  second  as 
111'  had  excited  in  favor  of  the  first  Vigilance  Com- 
iiiitte(!  Avhich  he  had  aided  in  establisliing.  His 
rifuits  liad  much  to  do  in  consolidating  the  ()])position 
to  the  second  Connnittee,  and  inducing  the  authorities 
to  t^atlier  arms  and  drill  militia  for  the  purpose  of 
I'oiKniciiiig  the  traitors;  and  there  would  probaldy 
liavc  ensued  a  military  conflict  with  great  destruction 
of  hfo  and  ])r()perty,  if  the  overwhelming  numbers  of 
the  Committee  had  not  awed  many  adversaries,  and 
the  watchfulness  and  skill  of  its  officers  caused  tlie 
('a|iture  of  a  large  portion  of  the  war  material  which 
their  adversaries  were  accuniulatintr." 


224 


THE  PERILS  OP  JOUIIXALISM, 


I 


Seldom  have  I  met  a  man  toward  whom  my  sym- 
pathy went  out  as  toward  Mr  Nugent.  Small,  of 
light  complexion  and  delicate  features,  soft  and  slow 
of  sj)eech,  modest  and  sensitive,  yet  lion-hearteil  and 
intellectually  great  withal,  he  deserved  a  better  late. 
This  one  great  mistake  hovered  like  a  spectre  over 
all  his  after-life.  And  though  the  assertion  may  sconi 
paradoxical,  it  is  my  opinion  that  this  man  at  this 
juncture  could  in  no  other  way  have  served  his  couiiti  y 
so  well  as  in  taking  and  maintaining  the  ground  lie 
did — that  is  to  say,  fighting  under  the  banner  of  error 
was,  in  this  instance,  likely  to  prove  producti\(.'  of 
more  beneficial  results  than  fighting  under  the  baiiiiur 
of  truth. 

The  danger  lay,  not  in  the  hanging  of  criminals 
and  the  ferreting  of  crime,  but  in  the  fostering  of  a 
spirit  of  mob  violence  and  lynch  law,  fostering  in  fact 
the  very  spirit  the  Committee  sought  to  crush,  that 
of  every  man  or  band  of  men  taking  the  law  into 
their  own  hands,  and  righting  their  own  wrongs,  wluu 
there  existed  no  necessity  for  such  a  course.  And  in 
this  way  Mr  Nugent  assisted  Mr  Coleman.  Had  the 
advocates  of  law  and  order  taken  this  ground  only,  I 
should  be  with  them  heartily.  What  I  object  to  is 
their  accusing  these  patriots,  or  more  than  [)at riots, 
of  wickedness  when  they  should  have  ranked  thoiii 
amonsif  the  most  ri<xhteous.  Thev  might  l)ewail  the 
necessity  for  such  a  course,  the  necessity  of  ignorinu; 
for  the  moment  the  presence  of  law,  as  they  would 
bewail  the  necessity  of  the  amputation  of  a  linib,  l)ut 
when  they  saw  that  putrefaction  had  set  in,  and  tliat 
the  whole  body  politic  was  in  danger,  they  would  }iiaise 
the  surjTfeon  for  his  cruel  kindness.  They  miijjlit  even 
say  to  him,  "Now  that  you  hav^e  cut  off  the  diseased 
limb  do  not  cut  off  any  more;"  but  to  blame  him  for 
resorting  to  the  only  method  possible  for  curing  the 
disease,  to  say  to  him,  "How  can  you  so  sin  against 
the  sacredness  of  the  body,  born  of  God,  as  to  laise 
your  knife  against  it?"  is  childish.     The  fear  was  that 


THE  ADVANTAGES  OF  EVIL. 


225 


a  sentiment  would  spring  up  throughout  the  state 
favorable  to  mobocracy,  and  the  Herald  did  niuch  to 
check  it.  It  is  not  always  he  who  shouts  loudest  for 
Ood  that  does  the  most  good;  praise  Satan  somebody, 
lest  we  forget  he  lives. 

Fop.  Tbxb.,  Vol.  II.    15 


I 


CHAPTEK  XIII. 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


See  tliey  suffer  death; 
But  in  their  deaths  remember  they  are  men, 
Strain  not  the  laws  to  make  their  torture  grievous. 

Addliion. 

No  sooner  wore  Casey  and  Cora  secure  in  the  \  iifil- 
ant  cells  than  arrangements  were  made  for  their  trial. 
The  first  question  to  determine  was  whether  tlurc 
should  be  selected  a  jury  of  twelve,  or  whether  tlitrc 
should  be  a  greater  or  a  lesser  number.  After  soiuf 
discussion  it  was  finally  resolved  that  the  executive 
committee  should  act  as  a  court.  Counsel  were  as- 
signed, each  making  his  own  selection,  and  every  step 
being  taken  to  give  them  a  full  and  impartial  trial. 
The  prisoners,  both  of  them,  had  expected  immediate 
execution  if  they  fell  into  the  hands  of  the  Vigihinoe 
Committee.  They  could  hardly  credit  the  promises 
of  their  captors  made  them  at  the  jail;  particularly 
when,  on  being  brought  out,  they  saw  the  annrv 
thousands.  Now  they  were  again  assured  they  should 
have  a  trial,  that  witnesses  should  appear  for  and 
against  them,  and  upon  the  proofs  adduced  judgment 
should  be  rendered. 

Mr  Truett  had  pledged  Cora  that  he  should  have 
an  impartial  trial;  that  it  should  not  be  immediate; 
that  he  might  see  Belle  Cora;  and  that  in  case  of  con- 
viction he  should  be  permitted  to  see  friends.  The 
pledges  of  Mr  Truett  were  ratified  and  observed  by 
the  executive  committee.  The  serjjfeant-at-arni.s  was 
instructed  to  make  proper  arrangements  for  the  com- 
fort of  the  prisoners. 

(220) 


THE  PLEA  OF  SELF-DEFENCE.  -227 

Xiitlier  attempted  to  deny  tlie  slaughter  of  his 
victim,  but  sought  to  excuse  tlic  act — Cora  upon  the 
I  lit  a  tliat  he  had  been  assured  that  Richardson  was  a 
viiidiotive  man  and  he  feared  his  own  hfe  woukl  be 
luilVit  if  he  permitted  him  to  hve,  and  Casey  on  the 

0  round  that  he  had  gi\'en  King  time  enough  to  draw 
1(11(1  Hre  if  he  desired.  He  acknowledged  that  he  had 
scivcd  a  term  in  the  New  York  prison  under  sentence 
tor  burglary,  but  said  he  had  determined  to  prevent 
the  [)ublication  of  the  fact  in  California.  The  excuses 
were  at  best  but  excuses,  and  entitled  to  little  consid- 
eration in  this  connection.  Half  the  world  could  pi'o- 
(lucc  just  as  good  reasons  for  killing  the  other  half 
TlK-n;  was  no  evidence  that  Richardson  sought  Cora's 
life.    If  he  had  he  could  easily  have  taken  it.    Casey's 

1  ilea  even  in  those  days  of  easy  shooting  was  lame  in 
the  extreme,  not  worthy  of  notice,  and  even  this  was 
disproved  by  several  witnesses.  How  easy  it  would 
have  been  to  have  convinced  before  a  court  some  one 
or  more  jurymen  with  more  conscientiousness  than 
coimnon-sensc  that  Casey  killed  Kinij  in  self-defence! 
How  many  of  King's  enemies  would  gladly  have' 
sworn  to  some  movement  of  the  victim's  hand,  which 
ail  intelligent  jury  sumn)oned  under  forms  of  lav/ 
would  have  construed  into  a  threatening  demonstra- 
tion which  justified  Casey  in  firing  first  I 

^londay,  the  19th,  the  executive  committee  wore  in 
session  all  day.  A  notice  was  posted  at  the  door  of 
their  rooms  stating  that  any  who  desired  to  assist  the 
Coiuinittee  in  the  performance  of  their  duties  could 
do  so  by  enrolling  their  names  at  the  house  of  the 
t'nu'iuo  company,  on  Pine  street,  and  holding  them- 
selves subject  to  the  order  of  the  executive  commit- 
tee. Throughout  the  day  members  w-ere  in  session 
at  the  several  sub-committee  rooms  where  the  utmost 
harinony  prevailed. 

Casey  was  permitted  to  see  persons  on  business 
matters,  but  none  could  approach  him  nearer  than  a 
distance  of  ten  feet,  and  then  only  in  the  presence  of 


t 


:■  '. 


? 


^  3 


2«^ 


TRIAL  AND  EXECUTIOX  OF  CASEY  AND  CORA. 


soino  monibcr  of  tlic  executive  committee.  He  WiH 
jilso  permitted  to  write  to  his  mother  and  others,  his 
hitters  to  be  entrusted  to  the  executive  coumiitttr. 
Ai<'hl)isliop  Alemany  re()uested  access  to  him  as  spir- 
itual  adviser,  but  the  Committee  decided  that  suck 
service  must  be  deferred  until  its  necessity  was  certain. 

Encouraged  by  the  unexpected  evidences  of  dis- 
jnissionate  impartiahty,  the  prisoners  asked  for  counsel 
other  than  members  of  the  tribunal.  "  How  shall  our 
judges  be  our  advocates?"  they  asked.  But  they  wen- 
iirmly  informed  that  no  outside  counsel,  any  muw 
than  an  outside  judge,  would  be  tolerated.  The  tii- 
bunal  was  not  after  iiuiocent  blood.  Advocates  should 
not  a(^t  as  judges,  but  should  perform  the  duty  of 
i'liend  fv.vl  counsel  in  all  integrity  and  to  the  best 
of  their  ability. 

The  Committee  claimed  that  to  the  lawyers  society 
was  indebted  for  at  least  half  the  ills  arising  from  un- 
caged criminals  and  maleadministration  of  the  laws, 
and  they  determined  that  lawyers  should  havenotliinj; 
to  do  with  their  trials.  What  they  wanted  was 
justice,  not  fustian.  If  that  was  law,  well;  if  not,  so 
nuich  the  worse  for  the  law.  And  the  right  they 
could  determine  without  the  aid  of  learned  judge  or 
statute-book.  And  here  let  me  say  that  these  iinso- 
})histicated  attorneys  entered  on  their  duties  in  every 
instance  fully  resolved  to  clear  their  client  if  it  lay  in 
their  power;  and  so  fully  carried  away  by  their  cause 
were  they  that  in  every  instance  he  who  defended  a 
criminal,  ever  afterward  asserted  a  belief  in  his  inno- 
cence; and  if  he  cleared  him,  they  were  friends  for 
life.  The  prisoners  were  moreover  informed  that  they 
could  sununon  and  question  any  witnesses,  and  if  the 
trial  went  against  them  they  could  have  the  benefit 
of  clergy,  if  they  believed  in  such  benefit,  and  bo  per- 
mitted to  see  their  friends.  Shortly  after  proceedings 
were  begun  the  following  letter  was  received : 

"7'o  the  Executive  Committee: — 

"  Oextlkmen  :  I  am  credibly  informed  that  .James  P.  Casey  and  Charles 
Cora,  botli  clients  of  mine,  are  in  the  custody  of  the  Committee  of  Vigilance. 


LAWYERS  NOT  REQUIRED. 


2-29 


lie  (if  tlii'ir  counsel,  I  iiiii  desirous  of  sfcin;,'  wlietlior  they  wish  to  liciUl 

any  .  niiiimuiioation  with  iiiu.     If  ho,  you  will  confer  a  favor  liy  iidniittiii;,'  mti 

10  uii  iiitcr\  icw  with  them.  Respectfully, 

"Gkokgk  F.  Jamks." 


!^^l•  James  was  informed  that  the  prisoners  Cixsvy 
and  Cora  did  not  require  his  services. 

A  ((mimittee  of  surveillance,  consistin<^  of  l)eiiii>- 
stor,  IJurns,  and  Jessup,  were  appointed  as  yuard  ovtr 
till'  prisoners;  and  it  was  ordered  that  all  commuiiica- 
tioiis  and  business  coiniected  with  the  pri.soners  pass 
tliiDUn'h  their  hands  for  inspection  and  consideration. 
Tlu'V  alone  were  to  hold  intercourse  with  the  juison- 
I'ls;  tiicy  were  to  have  access  to  the  records  of  the 
couiinittee  on  evidence,  and  were  empowered  to  com- 
inuiiicate  wftli  any  pei'sons  in  this  connection  with 
\vlinni  they  saw  fit  to  do  so. 

J)uring  the  trial  of  a  prisoner  none  were  admitted 
to  the  executive  rooms  except  the  chief  of  ])olice,  the 
accused,  and  his  witnesses.  In  all  meetini^s  there  was 
iiill  parliamentary  usage,  and  at  the  trial  of  a  prisonei' 
rcL,nilar  court  proceedings.  John  P.  ^lanrow,  wh(»  i-i 
Ills  narrative  to  my  stenograjiher  ex}»lains  many  ])oiiits 
lint  touched  upon  by  the  others,  occupied  the  chair  in 
must  of  the  murder  cases.  In  the  trial  of  Cora  he 
was  a|)i)ointed  to  prosecute  the  prisoner,  and  ^Ir  ( 'ole- 
maii  presided  over  the  deliberations  of  the  tribunal. 

The  form  and  order  of  trial  was  then  made  kiiowu 
to  the  general  committee,  and  the  work  proci'eded 
witlit)ut  delay.  Every  member  (»f  the  court  was 
sworn  to  give  a  verdict  fairly  and  honestly  according 
to  the  testimony.  In  these  cases,  to  expedite  matter.-, 
a  Committee  was  appointed  to  aid  the  counsel  in  ob- 
taining testimony,  with  ])ower  to  increase  their  nuiii- 
hor  iVom  the  general  committee  if  desired.  These 
ajipointees  proceeded  industriously  to  the  work  as- 
f<i,^iie(l  them.  A  committee  on  evidence  was  appointed 
to  collect  testimony.  The  desired  witnesses  M'ere 
summoned  by  the  sergeant-at-arms.  No  one.  not 
oveii  a  member  of  the  executive  committee,  sa^■e  the 


I 


S3 


230 


TRIAL  AND  EXECUTIOX  OF  CASF.Y  AND  CORA. 


i-   t 


coinniittcc  of  surveillance,  was  permitted  to  visit  tlic 
prisoner  Casey — so  it  was  ordered  by  the  Conunitti'(j 
on  j\[onday.  The  members  of  the  executive  (.oin- 
mittee  were  to  render  their  decision  by  ballot;  it  was 
resolved  that  a  majority  could  convict,  and  that  tiif 
verdict  should  thereupon  be  declared  unanimous,  and 
so  presented  to  the  general  committee  as  a  unani- 
mous vote  of  the  executive  body.  Every  meinher 
Avas  to  put  his  name  to  his  vote.  Before  proceediiiLr 
to  trial  the  tribunal  in  a  body  took  the  following  oath: 
'"We  herebv  i>ledge  our  sacred  honor  to  God  and  tn 
each  otlier,  not  to  divulge  the  votes  taken  in  our  vci- 
dicts  rendered  in  the  trials  of  Cora  and  Casey  to  any 
living  being  outside  these  rooms.     So  help  us  God." 

Cora  was  brought  in  by  the  war  conmiittee  Sun- 
day afternoon.  It  was  then  resolved  that  the  trials  uf 
Casey  and  Cora  should  rest  until  Tuesdav,  the  •Jitlli. 
at  twelve  o'clock.  On  Monday  Cora  asked  to  see  Mr 
Truett,  and  permission  being  granted  by  the  execu- 
tive committee,  ]\tr  Truett  visited  him.  He  was  (|ni(t 
and  courageous;  and  regarded  Mr  Truett  as  his  fiimd. 

Had  he  not  killed  llichardson,  he  would  have  1 n 

killed  by  him,  he  said,  and  had  not  Casey  shot  Kinu 
he  would  have  had  no  trouble.  Poor  Cora!  His  lite 
was  not  much  to  another,  but  it  was  evervthing  to 
him.  As  the  (dd  Scotch  woman  remarked  when  shi' 
saw  the  heatl  of  the  <luke  of  Hamilton  r<dlinij  from  \\\v 
ldo(k,  "  Jt  was  nae  great  head  in  itsel,  but  it  was  a 
sair  loss  to  him." 

The  Connnittee  applied  to  the  ]diy.sician  of  ^Ir  Kinu 
to  ascertain  if  he  miijfht  with  safety  ijive  evidence  in 
the  tiial  of  (^isev.  The  idiysician  replied  that  Mi' 
Kinn'  was  not  then  able  to  testify.  A  committer  "t' 
live  was  appointed  to  confer  with  Mr  Casey  and  oli- 
tain  from  him  all  possibl(>  information  concerning  lii- 
abettors  and  accomplices  in  the  assassination.  Tli'' 
(diairman  of  ea(di  conmiittee  was  permitted  to  with- 
draw from  the  tribunal,  and  a  majority  of  each  cini- 
mittee  in  session  pending  the  trial  was  pronouncid 


MODE  OF  rROCEDURE. 


231 


roin]:otont  to  transact  business.  After  the  beginninj^f 
of  tlic  trial  the  Executive  was  to  take  no  recess  of 
UK  lie  than  thirty  minutes  until  the  trial  should  be 
I'lidcil.  One  member  was  appointed  to  ask  questions 
(liiriiio-  tlie  trial,  and  no  other  person  was  permitted  to 
iiittiiogate  until  after  the  general  examination  was 
over ;   then  any  one  might  cross-examine. 

At  the  hour  appointed,  namely  at  twelve  o'clock  on 
TiusJmv,  the  20th,  Charles  Cora  was  brought  before 
the  tribunal.  On  entering  the  executive  chamber  he 
luadt!  ]iis  obeisance  in  a  modest  manner,  and  address- 
lUif  liis  august  judges  he  begged  that  the  fermentations 
(it'  tho  liour  might  not  prejudice  his  case,  and  hoped  he 
should  liave  a  chance  for  his  life. 

Ho  was  then  invited  to  select  from  the  members  of 
the  Conunittee  one  to  assist  him  in  defending  him- 
self on  a  charge  of  murder,  for  which  offence  he  was 
now  t)n  trial.  After  a  moment's  pause  he  named  Mr 
Triictt.  Not  liking  to  assume  the  entire  responsi- 
hiHtv  of  the  defence,  Mr  Truett  asked  that  Mr  Smilev 
iniuht  assist  him,  which  request  was  granted.  Cora 
ihrii  entered  into  consultation  with  his  counsel,  and 
soon  after  the  examination  of  witnesses  began.  Nt>ai'ly 
every  witness  that  appeared  at  court  was  br.^ught 
hefoie  the  Committee.  Durinsj  the  trial,  that  is  to 
say  at  about  half-past  one,  the  grand  marshal  a])])eared 
and  announced  the  death  of  James  King  of  William. 
The  marshal  was  directed  to  notify  the  assembled 
uiultitude  that  the  trials  of  Cora  and  Casey  were  pro- 
L^i'essing  with  proper  deliberation. 

When  Casey  was  told  that  King  was  dead,  a  deadly 
pallor  overspread  his  face,  and  he  trembled  in  every 
liinli.  iiike  Eugene  Aram,  he  feared  his  nuu'dered 
\i(tiin  dead  more  than  living.  That  announceinent 
Wiis  the  sounding  of  Casey's  death-knell.  Whatever 
hope  he  may  have  entertained  before,  he  had  none 
ii"\\.  In  the  hands  of  his  judges  it  was  a  siinpK\ 
iilas!  for  him,  too  simple,  proj^osition;  Casey  killed 
King;  Casey  must  die.    Friends  should  nothing  avail ; 


232 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


money  should  avail  nothing.  There  was  here  no  op- 
portunity for  bribing  judges,  for  packing  juries,  for 
appeals,  and  new  trials.  Casey  had  reckoned  witliout 
his  host.  He  had  thought,  and  so  his  friends  liad 
assured  him,  that  he  would  never  be  hanged  for  the 
killing.  King  had  too  many  enemies  at  court;  lie 
had  exposed  too  much  villainy  for  serious  harm  over 
to  come  to  his  exterminator.  There  would,  of  course, 
be  an  arrest,  a  trial,  possibly  a  conviction  of  man- 
slaughter, but  indeed  there  was  no  danger  of  serious 
results.  How  different  the  reality !  The  moment  he 
heard  of  King's  death,  the  matter  seemed  so  seriou;, 
to  him  that  he  immediately  sent  for  his  man  of  Imsi- 
ness,  arranged  his  earthly  affairs,  ate  and  slept  l)ut 
little,  paced  the  floor,  and  held  long  and  earnest  con- 
verse with  his  ghostly  advisers.  Let  us  hope  that 
they  did  him  much  good,  lending  him  wings  by  which 
to  waft  his  spotless  soul  to  heaven. 

The  testimony  in  Cora's  case  was  closed ;  the  counsel 
on  both  sides  addressed  the  tribunal;  the  sergvant- 
at-arms  was  then  directed  to  remove  the  prisoner. 
As  lie  was  about  to  go,  the  poor  fellow  hesitated, 
turned  to  the  dread  inquisitors  on  whose  will  his  des- 
tiny hung,  thanked  them  for  the  attention  thtiv  had 
given  his  case,  and  the  consideration  he  and  his 
witnesses  had  received  at  their  hands;  then  seizinj^- 
Smiley  by  both  hands,  he  earnestly  exclaimed,  "Ha  I 
my  case  been  presented  as  well  before  the  courts,  1 
shouhl  not  now  be  here."  He  was  declared  guilty  of 
the  murder  of  IMarshal  Richardson.  Thus  his  tiial 
ended. 

At  six  o'clock  the  tribunal  took  a  recess  until  i'ii;ht 
o'clock.  At  eight  o'clock  James  P.  Casey  was  jiut 
on  trial  for  the  nuirder  of  James  Kina;  of  William. 
He  was  prosecuted  and  defended  by  the  same  persons, 
before  the  same  tribunal,  which  after  due  deliberation 
adjudged  him  guilty.  When  informed  of  the  rosuU, 
the  courage  of  Casey  gave  way,  and  from  that  hour 
he  was   greatly    depressed.     Cora,    the    brave    little 


THE  VERDICTS.  2C3 

villain,  said  never  a  word  but  tliat  he  would  sec 
Belle,  heaved  never  a  sigh  but  for  the  hastening  of 
her  coming.  What  may  this  thing  be,  oh  thou  whoso 
name  is  Love !  and  whence  is  it,  heaven-born  or  begot 
ill  stvgian  pools,  that  the  presence  of  a  prostitute  for 
a  few  short  hours  should  seem  to  take  the  sting 
I'lom  death  itself?  Watkins  was  ordered  to  go  for  her 
with  a  carriage.  Ho  brought  her  to  the  rooms  by 
the  rear  entrance  from  California  street,  the  other 
streets  at  that  time  being  impassable  on  account  ol 
the  military,  who  had  taken  possession  of  all  a])proachcH 
to  I  lead-quarters.  After  a  short  interview  with  tlu, 
executive  committee  she  was  admitted  to  Cora's  cell, 
Vvlieie  the  two  were  married  between  eleven  and 
twelve  o'clock  on  the  22d,  by  Father  Alcoty,  the 
priest  refusing  to  absolve  Cora  unless  lie  first  married 
his  iiKtmomta. 

All  testimony  was  taken  down  in  writing  and  is  now 
hel'ii't;  nie.  Guilt  in  both  cases  was  conclusive,  and 
both  were  sentenced  to  be  hanged,  the  day  not  being 
iinmediatelv  fixed.  Cora  was  convicted  bv  a  bare 
majority;  Casey  by  a  unanimous  verdict.  The  tes- 
timony was  read  in  full  to  the  board  of  delegates,  and 
the  tindino;  of  the  executive  committee  was  inumi- 
niously  approved  by  them.  Before  voting,  the  fol- 
lowing oath  was  taken  by  the  delegates:  "We  hereby 
jtledge  our  sacred  honor  to  God  and  to  each  other 
never  to  divulge  the  vote  to  be  taken  by  this  bod}',  as 
a  verdict  on  the  trials  of  Cora  and  Casev,  to  anv  living 
hciiig  outside  these  rooms,  and  also  not  to  divulge  the 
jiroccLdings  of  this  meeting  until  such  shall  have  been 
ileclared  to  the  general  committee.     80  hel[)  us  God." 

Tho  matter  of  time  and  place  of  hanging  was  le>t 
to  the  executive  committee.  The  execution  was  i\\)- 
jxiiiitod  lor  the  23d,  but  was  sul)se(|Uently  changed  to 
the  JJd,  between  the  hours  of  twelve  and  two,  the  day 
and  hour  on  which  King's  funeral  was  to  take  place. 
And  this  for  obvious  I'easons.  It  was  meet  the  mur- 
der(  r  should  quickly  follow  his  victim;  much  more  time 


234 


TRIAL  AM)  EXECUTION  OF  CASEY  AND  CORA. 


i 


li- 


and  consideration  had  been  allowed  him  than  he  had 
given.  Then  the  people  would  be  better  satisfied,  and 
the  lesson  more  striking  and  solemn. 

The  testimony  implicated  another  managing  poli- 
tician, Edward  McGowan,  who  in  connection  with  a 
subordinate  tool  by  the  name  of  Wightman  was  in- 
dicted by  the  grand  jury  as  accessory  before  the  fact, 
but  both  had  boon  spirited  away  by  their  associates, 
and  the  Committee  during  several  months  expended 
nmch  time  and  money  in  pursuing  the  former  in  distant 
parts  of  the  state.  It  was  indeed  a  sad  state  of  tliini,''^ 
when  a  scoundrel  felt  obliged  to  run  away  from  a  prof- 
itable field  because  he  could  not  buy  or  manufacture 
justice.  The  adventures  of  this  redoubtable  man  will 
be  given  at  length  in  the  next  chapter.  In  the  midst 
of  the  trial  the  sheriff  and  his  deputy  appeared  at  the 
door  of  the  Committee  rooms,  armed  with  a  warrant 
growing  out  of  this  indictment,  and  demandetl  the 
prisoner  Casey.  The  reply  of  the  Committee,  as  found 
in  the  record,  is  unique.  The  Committee  were  satislied 
that  the  sheriff  and  his  deputy  had  performed  their 
duty  according  to  law,  and  the  Committee  luul  no 
further  connnunication  to  make. 

Casey  spent  most  of  the  time  now  remaining  to  him 
in  arranging  his  affairs.  In  regard  to  the  night  pre- 
ceding his  execution,  the  Chronicle  of  the  23d  reports: 
"  He  was  restless,  and  passed  a  portion  of  it  walking  up 
and  down.  He  was  heard  to  exclaim,  "Oh,  mv  <  «<hII 
has  it  come  to  this?  Must  I  be  hung  like  a  doyf 
During  the  first  two  or  three  days  I  might  as  well 
have  escaped  from  jail  as  not;  I  only  staid  there  i'nr 
Scannell's  sake!" 

Early  in  the  morning  of  Thursday,  the  2'2d.  the 
guard  round  the  Conmiittee  rooms  was  augmented. 
JSeveral  companies  of  infantry  were  drawn  up  in  a 
line  on  Sacramento  street,  from  Front  to  J)avis, 
cavalry  were  paraded  up  and  down  all  the  streets  in 
the  vicinity,  and  the  house-tops  adjacent  were  erowdid 
with  aimed  men  and  spectators.    The  field-piece  tor- 


HOPKINS  THE  HANGMAN. 


235 


mcrlv  used  at  the  jail  was  brought  and  placed  in  front 
( if  the  (^)nnnittee  rooms.  There  were  the  usual  horror- 
huiittis  abroad  at  an  early  hour,  although  the  im- 
iirc'ssion  prevailed  that 'the  criminals  were  not  to  be 
executed  till  the  morrow.  Thus  waited  the  assemblage 
jiationtly  all  the  morning. 

At  a  quarter  before  one  two  small  platforms  were 
tliiiist  from  two  of  the  windows  of  the  Committee 
l)uil(lill"^  extending  about  three  feet  beyond  the  wall. 
An  instant  afterward  two  beams  appeared  shoved  out 
1'ioni  tlio  roof  directly  over  the  platforms.  At  the 
Liids  o^  the  beams  were  fastened  noosed  ropes,  and 
Kipcs  reaching  from  the  roof  were  also  attached  to 
the  [)latforms,  so  that  both  could  be  dropped  simulta- 
uoously.  At  a  quarter  past  one  a  white  paper  m  as 
tlirowii  from  the  window,  and  the  guard  below  was 
Didered  to  present  arms. 

Botli  of  the  condemned  wished  to  see  priests;  and 
ininiediately  after  their  conviction  Archbishop  Ale- 
many  and  Father  Gallagher  were  admitted  to  their 
]>irst'iH'e.  Casey  was  permitted  to  see  friends  and 
to  aiiaiigc  his  earthly  affairs.  The  following  letter, 
addicsst'd  to  the  editor  of  the  Herald,  was  delivered 
liy  Older  of  the  Committee: 

"Sax  Francisco,  May  22,  185G,  half  after  twelve. 
"To  .TmiN  NroENT: 

••yon  liiivc  not  Judge  mc  to  gratify  the  piiblick  may  god  Mess  yon.  If 
you  will  plcn!*  to  sec  EstcU,  Farley,  Alderman  Peckham,  and  others,  you  may 
\itsatisfy  tlio  Puhlick  you  are  right.  I  am  innocent  of  murderer  an  attempt. 
lari'Wtll.    For  my  mother  «ike  save  my  name  in  New  York. 

"Jamks  p.  Casev." 


Tile  (juestion  of  executioner  arose.  Several  names 
M(  ri'  nicntioned,  but  none  cared  to  assume  the  odious 
<  tiicc.  Finally  a  well  known  merchant  remarked  that 
111'  know  one  who  would  do  it,  but  lie  was  in  the  ranks. 
IiniiH'diately  Watkins  wrote  an  order  on  the  captain  of 
tile  division  lor  the  man  named  to  be  detailed  for  special 
duty.  It  was  none  otlier  than  Sterling  A.  Hopkins, 
of  whom  more  hereafter.     This  man  performed  the 


236 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


A     t 


duties  of  hangman,  and  performed  them  well.  In  this; 
business  liangmen  were  as  necessary  as  presidents;  and 
to  hold  that  the  honorable  Executive  planned  work 
dishonorable  to  perform -would  but  be  like  the  many 
sophisms  by  which  we  sing  ourselves  upward  and  on- 
ward. At  the  same  time  none  of  us  would  care  to  liaii;;' 
Casey  or  Cora.  To  say  the  least,  it  was  not  a  pleasant 
duty ;  neither  was  much  of  that  which  was  done  in  this 
connection  by  better  men  than  we. 

Two  Catholic  clergymen  continued  to  attend  the 
prisoners  during  their  last  hours.  Both  were  peni- 
tent, both  made  their  last  confession,  and  to  Ijotli  was 
administered  the  sacrament.  They  were  then  inforniud 
that  their  hour  had  come.  Their  shackles  were  taken 
oft',  and  their  arms  and  legs  were  bound  with  cords. 
Over  the  face  of  Cora  and  round  his  neck  a  white 
handkerchief  was  fastened,  and  thus  he  was  ])laa'd 
upon  the  platform  and  the  rope  adjusted  round  liis 
neck.  And  there  he  stood,  motionless  as  a  statue, 
without  the  utterance  of  a  word  or  the  movement  of 
a  muscle  until  his  soul  was  launched  into  eternity. 

Casey  wished  to  address  the  assemblage.  Ilonce 
he  was  permitted  to  appear  upon  his  platform  as  li" 
desired,  with  head  bared  and  a  white  handkerc  liiet' 
in  his  hand.  With  pale  face  and  bloodshot  eyes  lie 
stammered  through  an  incoherent  speech,  made  u;i 
mostly  of  ejaculations,  denials  of  guilt,  expressions  ol' 
concern  lost  his  name  should  be  immortalized  as  th;!t 
t)f  a  murderer,  and  of  confidence  of  having  made  liis 
peace  with  his  maker.  "  Gentlemen,"  he  cried,  "i  am 
not  a  murderer  1  I  do  not  feel  afraid  to  meet  my  (1' 1 
on  a  charge  of  murder.  I  have  done  nothing  Imt 
what  I  thou<jflit  was  riij^ht.  To-morrow  let  no  editi  r 
dare  to  call  me  a  murderer.  Whenever  I  was  injured 
I  have  resented  it.  It  has  been  a  part  of  my  e(hie;i- 
tion,  during  an  existence  of  twenty-nine  years.  <  ieii- 
tlemen,  I  forgive  you  this  persecution.  Oh,  Gotll  my 
poor  mother!    Oh,  God!" 

Is  it  not  a  little  strange  that  nine  tenths  of  all  the 


I" 


DEATH,  DEATH,  DEATH! 


237 


\\  iclicdcst  men  that  ever  swung  from  a  gallows,  who 
received  religious  attention  during  the  hours  imme- 
diately preceding  their  death,  die  confident  of  being 
roceivod  at  once  into  glory!  It  is  almost  enough  to 
(oiiNcit  us  to  a  life  of  villainy,  and  make  us  covet 
death  by  strangulation. 

At  tlic  end  of  his  speech,  which  occupied  about 
sewn  minutes,  Casey  stepped  back  inside  and  received 
the  rope  round  his  neck  and  a  white  cap  over  his 
head.  He  then  shuffled  himself  forward  on  the  plat- 
form like  one  groping  in  the  dark.  Casey  stood  on 
the  west  platform  and  Cora  on  the  one  toward  the 
east.  At  the  signal  both  platforms  dropped  simulta- 
neously. The  two  men  fell  about  six  feet,  and  died 
almost  without  a  struggle. 

In  the  room  where  he  died  they  wrapped  in  a 
shroud  the  remains  of  James  King  of  William,  and  the 
restless  ten  thousand  visited  the  spot  that  evening. 
Two  days  after,  that  is  to  say,  Thursday,  the  22d, 
I'uiieral  services  were  held  at  the  Unitarian  church  on 
Stoekton  street,  whither  the  body  was  borne  by  the 
Masons  at  twelve  o'clock,  the  reverends  Cutler, 
Taylor,  and  Lacy  officiating.  The  church  was  crowded 
to  ovcrllowing,  and  the  congregation  was  literally  in 
teais.  In  the  midst  of  his  remarks  Mr  Lacy  M'as 
'  vereonie  by  emotion.  The  funeral  procession,  which 
was  nearly  two  miles  in  length,  represented  all  the 
societies  and  guilds  of  the  city,  besides  containing 
hundreds  of  horsemen,  carriages,  and  citizens  on  foot. 

Turn  quickly,  while  the  undertakers  are  thrusting 
the  eoifined  martyr  into  the  plumed  hearse,  and  the 
long  array  of  mourners  are  filing  after  it  toward  Lone 
^louutain — turn  one  glance  on  Fort  Vigilance  and 
its  vieinity.  All  the  streets  and  squares  about  head- 
i|uarters  are  filled  with  military,  as  we  have  seen. 
The  Executive  are  assembled  in  a  body  in  the  front  of 
tile  liuilding.     The  board  of  delegates  are  likewise 


!•■ 


^,^ 


H 


238 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


there  convened  in  full  force.  At  twenty-one  minutes 
past  one  the  funeral  cortege  of  Mr  King  moves,  and 
all  the  bells  of  the  city  toll  their  solenm  requiem. 
At  that  moment  the  military  present  arms;  the  .sij^Miul 
is  given,  and  James  Casey  and  Charles  Cora  drop  iiitu 
eternity. 

On  Thursday  morning  at  half-past  ten  the  steam- 
ship Golden  A(/e  arrived  with  twelve  hundred  and 
twenty -one  passengers.  In  crossing  the  Isthmus 
these  passengers  had  undergone  the  horrors  of  a 
serious  railway  accident,  in  which  fifteen  of  their 
number  had  been  killed  and  sixty  wounded.  Besides 
their  own  troubles  they  could  talk  of  late  outrages 
committed  there  in  which  others  had  severely  sulfered. 
Arrived  at  San  Francisco,  they  found  the  city  in  a 
turmoil,  public  places  closed,  flags  at  half-mast,  and 
houses  draped  in  mourning.  Scarcely  had  they  time 
to  de[)Osit  their  luggage  at  the  hotel  and  step  upon 
the  street  when  the  body  of  a  murdered  man  with  its 
two-mile  cortege  was  passing  by,  and  two  thousand 
angry  citizens  were  there  in  arms,  and  two  men 
swinging  by  the  neck  from  two  second-story  windows. 
If  those  twelve  hundred  and  twenty-one  rciiarded 
their  entertainment  during  the  voyage,  and  their  re- 
ception on  the  shores  of  the  Pacific,  too  tame  fur 
them,  they  were  indeed  hard  to  j>lease. 

Within  a  week  after  Mr  KinjTf  s  death  a  communi- 
cation  appeared  in  tlie  Bulletin  over  the  signature 
"  Many  Women  of  San  Francisco."  After  praising- 
the  deeds  of  the  Committee  it  said:  "But,  gentle- 
men, one  thing  more  nmst  be  done.  Belle  Cora  uuist 
be  requested  to  leave  this  city.  The  women  of  San 
Francisco  have  no  bitterness  toward  her,  nor  do  they 
ask  it  on  her  account,  but  for  the  good  of  those  who 
remain,  and  as  an  example  to  others.  Every  virtuous 
woman  asks  that  her  influence  and  example  hv.  re- 
moved from  us.  The  truly  virtuous  of  our  sex  will 
not  feel  that  the  Vigilance  Committee  have  done 
their  whole  duty  till  they  comply  with  this  request. 


OH!  WOMAN,  WOMAN! 


239 


Tlicrc,  my  sisters,  you  do  yourselves  great  wrong. 
With  your  own  hands  you  would  heap  agony  and  in- 
dieriity  on  the  head  of  one  already  overwhelmed  with 
sorrow.  She  is  a  sinner;  so  are  we  all.  She  has  just 
burii'd  her  lover,  her  husband,  whom,  though  a  nmr- 
dtTLi',  she  attended  to  the  last  moment  of  his  life,  and 
through  an  agonizing  death.  Him  your  husbands  and 
brothers  have  killed;  is  not  that  at  their  hands  punish- 
uieiit  enough  upon  her  for  being  an  unfortunate  fallen 
woiiKUi  ?  Ay!  bristle  as  you  will  in  your  innnaculate 
wrath,  I  tell  you,  proud  dames,  stainless  dames,  dames 
proud  of  your  stainlessness,  that  but  for  the  providence 
that  plans  your  destiny  or  the  environment  that  props 
ami  guards  you,  delivers  you  from  temptation,  and 
makes  her  sin  loathsome  to  you,  you  \V(juld  be  like 
Belle  Cora.  Had  you  been  born,  rearetl,  and  circum- 
stanced as  was  Belle  Cora,  a  thousand  to  one  you 
would  be  Belle  Cora.  Had  Belle  Cora  been  born, 
reared,  and  circumstanced  as  were  you,  a  thousand  to 
OIK!  she  would  be  as  pure  and  as  proud  of  her  i)urity 
to-day  as  are  you.  Environment  and  circumstances 
make  us,  nine  parts  in  every  ten.  Perhaps  mo  do 
the  re.'^t.  How  can  you  then  so  loathe  and  persecute 
your  frail  sister !  You  say  it  is  not  she,  it  is  her  sin 
you  hate,  and  you  would  drive  her  hence  not  to 
jiuuish  her,  but  to  protect  society,  to  save  your 
daughters,  to  maintain  morality  at  the  current 
standard.  Softly!  softly!  That  crime  in  a  man,  in  your 
male  ac(|uaintance  —  in  your  brother,  even — would 
you  so  hate  it  there  ?  Are  you  sure  it  is  the  sin  only 
you  abhor?  You  would  drive  her  hence  to  protect 
society  and  save  your  daughters.  She  saves  your 
daughters.  Who  made  her  what  she  is  ?  Not  she. 
Not  one  of  your  sex.  It  was  your  husbands  and 
l)n)ther.s,  or  their  associates  and  yours — it  was  they 
upon  whom  you  now  call  to  drive  her  out,  it  was  they 
who  made  her  what  she  is.  If  you  truly  desire  to 
eradi('ate  the  evil,  drive  out  the  men.  !Make  war  on 
them.     They   are   the   criminals;   such   as   she,   tho 


240 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


victims.  Indeed  it  is  pitiful  to  see  you  tread  her 
deeper  into  the  mire  with  your  haughty  feet,  while 
you  smile  on  him  who  placed  her  there.  How  nianv 
of  your  male  acquaintances  are  culpable  ?  How  many  of 
them  are  not  culpable  ?  Ask  them.  Your  God,  your 
bible,  your  creed,  your  savior  make  no  distinction 
between  male  and  female  sinners;  how,  then,  daio 
you?  Drive  out  the  men,  I  say;  but  beware  whom 
you  drive,  lest  you  should  run  after  some  to  call  them 
back.    Over  woman's  wrongs  to  woman,  angels  weep. 

No,  it  is  false.  "Many  women  of  San  Francisco" 
never  made  such  a  request.  One  woman  wrote  the 
communication,  in  which  she  twice  calls  herself  virtu- 
ous. Whether  she  be  virtuous  or  not,  she  best  knows; 
but  those  are  not  virtuous  lines  which  she  has  written. 

Hear  what  a  true  woman  says  upon  the  subject  in 
the  Bulletins  issue  of  May  27th : 

'  'A  woman  is  always  a  woman's  persecutor.  In  my  humble  opinion,  I  tliink 
that  Belle  Cora  has  suffered  enough  to  expiate  many  faults,  in  having  had 
torn  from  lier  a  bosom  friend,  executed  by  a  powerful  association.  It  was 
just  and  right  that  Cora  should  die,  but  I  contend  that  by  his  deatli  tho  public 
ia  avenged.  She  has  shown  herself  a  true-hearted  woman  to  him,  and  sucli  a 
heart  covers  a  multitude  of  sins.  This  very  circumstance  of  expulsion  might 
be  the  means  of  utter  desolation  of  heart.  The  effects  of  the  tragedy  may  bu 
the  means  of  improving  her  moral  character  and  making  her  socially  a  good 
woman.  Adelia." 

What  a  contrast  between  this  and  the  former  com- 
munication, between  this  and  the  other  woman! 
These  lines  breathe  of  virtue,  none  the  less  stainless 
because  intermingled  with  that  spirit  of  divine  for- 
giveness which  the  dear  Christ  bestowed  on  the 
sinner.  Noble  Adelia!  with  thy  lofty-minded  purity 
and  sweet  charity;  were  all  so-called  virtuous  woineu 
like  thee,  there  would  be  fewer  fallen. 

Belle  Cora  kept  a  bagnio  on  Waverly  place.  Like 
Cleopatra,  she  was  very   beautiful,  and,  beside  the 

Sower  that  comes  of  beauty,  rich;  but  oh,  so  foul! 
'Jaunting  her  beauty  and  wealth  on  the  gayest  thor- 
oughfares, and  on  every  gay  occasion,  with  senator, 
judge,  and  citizen  at  her  beck  and  call,  and  being  a 


BEAUTIFUL  BADNESS. 


241 


ner  corn- 


woman  as  proud  as  she  was  beautiful  and  rich,  she 
not  unfrequently  flung  back  upon  her  stainless  sisters 
the  looks  of  loathed  contempt  with  which  they  so  often 
favored  her.  She  was  what  she  was,  God  only  knows 
how  or  why;  they  were  what  thoy  were,  being  made 
so.  The  homely  pure  hated  the  beautiful  bad  in 
self-defence,  so  we  are  told.  A  little  jealousy  might 
have  been  mixed  with  their  virtuous  irritability,  oo- 
cause  men  ran  after  beautiful  badness  rather  than 
unattractive  goodness;  but  what  sort  of  citadel  is  this 
which  fashion  provides  for  female  chastity  which 
compels  the  virtuous  woman  to  fling  at  the  feet  of 
every  prostitute  she  meets  on  the  public  streets  the 
gage  of  battle?  Heaven  save  me  and  mine  fi'oni 
that  quality  of  female  virtue  which  for  self-protection 
must  needs  at  every  turn  heap  scorn  and  reproach 
upon  the  wicked  and  unfortunate.  Says  a  biographer 
of  one  of  the  purest  of  English  poets:  "To  be  taken 
into  Lamb's  favor  and  protection  you  had  only  to 
get  discarded,  defamed,  and  shunned  by  everybody 
else;  and  if  you  deserved  this  treatment,  so  much  the 
1  tetter  J  If  I  may  venture  so  to  express  myself,  ihcro 
was  in  Lamb's  eyes  a  sort  of  sacredness  in  sin,  on 
account  of  its  sure  ill  consequences  to  the  sinner;  and 
he  seemed  to  open  his  arms  and  his  heart  to  the 
rejected  and  reviled  of  mankind  in  a  spirit  kindred 
at  least  with  that  of  the  deity."  Would  to  God  the 
i<pirit  of  this  man,  if  Christ's  be  wholly  denied  them, 
might  fall  on  our  wolfish  women. 

There  are  those  who  hold  that  Charles  Cora  should 
not  have  been  hanged.  Members  of  tlic  Committee, 
who  participated  in  the  trial  before  the  Executive, 
have  expressed  to  me  their  opinion  that  he  was  not 
guilty  of  murder,  but  that  he  killed  Richardson  in 
self-defence.  As  a  matter  of  course  in  his  trial  before 
the  law  court  half  a  dozen  witnesses  weie  brought 
forward  who  testified  that  Richardson  slapped  Cora's 
face,  that  Richardson  drew  a  pistol,  that  a  revolver 
was  picked  up  near  iiis  right  hand  after  he  had  fallen, 

Pop.  Tbib..  Vol.  n.    IG 


242 


TRIAL  AND  EXECUTION  OF  CASEY  AND  CORA. 


and  tlie  like.  Belle  Cora  ofFerod  a  woman,  who  hap- 
pened to  be  passing  at  the  time,  a  thousand  dollars  to 
testify  that  she  saw  a  weapon  in  Richardson's  hand 
just  before  he  fell.  In  criminal  cases  money  and 
skill  can  prove  almost  anything.  After  the  lapse  of 
time,  with  all  the  evidence  before  us,  there  is  no  (jiies- 
tion  but  that  Cora  was  guilty  of  murder,  and  should 
have  been  hanged  by  tho  court.  Even  thougli  liicli- 
ardson  quarrelled  with  him,  he  need  not  have  killtd 
him.  Even  though  Richardson  held  a  weapon  in 
his  hand  at  the  time,  the  fact  does  not  necessiuily 
imply  that  Cora's  life  was  in  danger.  He  could  liavu 
walked  away,  and  Richardson  would  not  have  slain  him. 
There  was  not  the  slightest  danger  of  it;  and  e\en  had 
there  been,  I  had  rather  be  a  murdered  man  than  a 
nuirderer.  That  vigilance  judges  themselves,  sonio 
of  them,  should  wish  to  excuse  so  foul  a  crime,  only 
shows  how  totally  unfit  some  nuni  are,  from  tlu'  fon- 
structiou  or  training  of  their  minds,  to  deteiniino 
justice  where  the  life  of  a  fellow  being  is  at  stake. 

It  was  a  grand  old-fashioned  Irish  funeral  Casey's 
friends  gave  him.  After  all  he  had  done  somdhiiii,' 
for  liis  party,  if  lie  was  hanged  for  it.  And  the  nitii 
of  law  were  not  ungrateful.  Besides  tliere  was  tho 
King  burial  display  of  the  vigilants;  and  the  stutters 
anil  strikers  must  now  see  what  they  could  do.  From 
the  Crescent  engine-house,  where  the  body  of  Casey 
was  taken,  eighty- four  carriages,  eighty  horsemen, 
and  four  hundred  on  foot  followed  it  to  the  Catholic 
cemetery.  It  was  a  grand  sight.  Who  would  not 
die  the  death  of  the  assassin,  if  one's  end  might  be 
like  his! 

Meanwhile  poor  Belle  Cora  could  boast  of  l)ut  six 
hacks  at  her  husband's  funeral.  She  had  taken  the 
bodv  from  the  stern  executioners;  she  was  bad,  she 
was  very  bad,  but  she  was  a  woman!  She  took  the 
body  and  bathed  it  in  her  tears.  Were  they  genuine 
salt-water  tears,  or  were  thev  ditch-water  tears?  And 


RIDENTEM  DICERE  VERUM,  QUID  VETAT.  Mf 

six  poor  hacks  held  all  the  gambler's  friends,  while 
Casey  s  proud  carcass,  which  never  contained  half 
the  manhness  of  little  Cora's,  boasted  its  well  nigh 
fiix  hundred  followers.  But  Cora  had  the  handsomest 
coffin  thanks  to  his  ever  loving  mistress -wife;  a 
beautiful  aflPair,  they  called  it-solid  mahogany,  Hned 
with  white  satin,  sides  of  gilt  scroll-work,  silver  nails 
and  a  silver  plate.  Comfortable,  but  for  the  dripping 
grave-walls  and  the  worms  I  ^ 


CHAPTER  XIV. 


THE    HONORABLE    EDWARD    MoGOWAN. 


i:  ! 


A  fine  and  slender  net  the  spider  weaves, 

Which  little  and  liglit  animals  receives; 

And  if  she  catch  a  common  beo  or  fly, 

They  with  a  piteous  groan  and  munnur  die; 

But  if  a  wa8p  or  hornet  she  entrap, 

They  tear  her  cords  like  Sampson  and  escape; 

So  like  a  fly,  the  poor  oflender  dies, 

But  like  the  wasp,  the  rich  escapes  and  flies. 

Denham. 

Ned  McGowan  was  a  genius.  He  was  as  great  u 
man  in  his  way,  as  unique  and  individual  as  any  who 
have  achieved  distinction  in  the  more  ordinary  paths 
of  hfe.  He  belonged  to  a  fraternity  sui  generis;  what- 
ever they  did  was  in  a  way  of  their  own.  Their  style 
was  themselves;  they  studied  in  no  foreign  school; 
they  adopted  no  foreign  code.  Original  was  their 
situation,  and  they  wore  original.  In  ethics  and 
politics  utility  was  their  standard.  If  falsely  testlty- 
ing  and  falsely  judging  would  sooner  bring  about  the 
desired  end;  if  false-bottomed  ballot-boxes  would 
bring  true  and  speedy  election,  when  all  other  moans 
M'ere  uncertain,  would  not  a  wise  man  avail  himself 
of  the  most  direct  and  certain  agencies? 

McGowan  reminds  me  of  Spinoza,  because  of  their 
dissimilarity.  Spinoza  was  a  Jew,  born  in  Amster- 
dam; McGowan  was  a  Philadelphia  shoulder-striktiof 
Irish  extraction.    Spinoza  was  slender  in  form,  in  coiii- 

f)lexion  olive,  frail,  delicate,  consumptive-looking,  and 
eading  the  life  of  an  anchoiot;  xui  mouUn  de  rdlsoiine- 
ment,  Leibnitz  called  him,  an  intellectual  mill  for  the 
manufacture  of  syllogisms.    McGowan  was  stout,  in 

(244) 


CHARACTERISTIC  PORTRAIT. 


.94$ 


complexion  ruddy,  frail  and  delicate  in  his  morality, 
and  exceedingly  consumptive  about  bar-rooms.  His 
iiiiiul  was  a  machine,  not  for  grinding  out  syllogisms, 
but  for  turning  off  a  certain  quality  of  men  wherewith 
to  fill  oftices. 

Hoth  achieved  the  full  mastery  of  their  abilities. 
Tluie  is  sometimes  found  present  in  characters  where 
least  expected,  a  dull,  heavy  harmony,  springing  from 
tlif  play  of  opposite  qualities. 

Any  one  can  be  an  anchorot;  any  one  can  be  honest. 
It  is  easier  to  be  upright  than  dissolute.  Any  one 
oan  tliieve  and  be  caught.  Much  talent  is  required  to 
achieve  an  occasional  misdemeanor,  and  still  be  al)lo 
to  walk  the  streets  a  free  man.  When  therefore  we 
oncounter  a  character  rich  in  honorable  rascality,  which 
tliroiij,'h(>ut  a  long  and  illustrious  life  has  occupied 
a  front  I'ank  in  jtrofessional  scoundrelism,  and  has 
attained  old  age  still  happy  in  that  equipoise  which 
l)rin;4s  success,  we  may  safely  conclude  such  a  one  to 
be  notiiing  less  than  a  genius.  Honor  tt)  the  honor- 
able l']dward  McGowan!  He  lived  long  and  jiros- 
|iei'ed.  He  reaped  by  wickedness  that  •  which  few 
oan  attain  but  by  a  life  of  laborious  virtue. 

Xed  was  bad  enough,  but  he  gloried  in  a  reputation 
for  being  worse  than  he  was.  The  great  mistake  of  his 
life  was  not  in  adopting  rascality  as  a  prt)fession,  for 
in  tluit  lie  succeeded  very  well,  but  it  was  in  writing 
a  book.  Conscious  of  the  sacred  fire  within  him,  he 
<  ould  not  die  and  tuck  his  soul  beneath  the  shades  in 
'onifort,  never  having  shed  ink.  His  work  is  a  kind 
of  Knave's  Rest.  It  is  entitled  Xarrxtirc  <>/'  luhrard 
M((ttiir(ni,  {nclnduui  a  fuU  account  of  t/ic  Authors  Ad- 
ri'ittnres  and  Pcri/s,  w/idc  persecuted  h)/  the  San  Fran- 
".s'((*  Vxfiliune  Committee  of  1850.  Published  hi/  the. 
Axtltor,  lHo7.  Posterity  might  have  forgiven  every- 
thing but  a  hideous  i)icture,  of  the  bull-dog  style  of 
beauty,  yet  a  faithful  representation  of  himself,  which 
lu'  put  on  the  cover.  How  vanity  blinds  onel  Had 
this  man  sought  to  convince  the  world  (^i'  his  inherent 


3I» 


THE  HONORABLE  EDWARD  McGOWAN. 


brutality  and  baseness,  which  in  truth  was  the  oppo- 
site of  his  purpose,  he  could  not  have  found  a  more 
direct  or  certain  method  than  by  publishing  his  like- 
ness, in  which  was  a  grotesque  melancholy,  as  of  one 
more  sinned  against  than  sinning,  overspreading  feat- 
ures stale  with  gin  and  iniquity;  long  greasy  liair, 
covering  high,  pointed  brain-chambers  behind  a  man- 
sard forehead;  sinister  eyes,  piggish  cheeks,  and  a 
cataract  of  bristles  on  the  upper  lip — these  mark  the 
returned  exile  who,  in  the  pages  accompanying  this 
model  representation  of  human  debasement,  casts  liini- 
self  upon  a  prejudiced  public. 

In  all  this  the  honorable  Edward  did  himself  orojit 
injustice.  A  portrait  published  in  the  Police  Ginctfe, 
at  the  time  a  reward  was  offered  for  his  apprehension, 
was  much  handsomer.  In  truth  a  jolly  villain  was 
the  judge.  A  sight  of  his  fat,  flabby  face,  his  kindly 
eye,  beaming  blood  or  festivity  according  to  circum- 
stance and  potations,  with  (vireeley  hat  covering-  low 
the  brain  which  had  planned  and  plotted  to  the  ow  ti- 
er's eternal  renown,  was  better  than  a  whole  night's 
revel  unaccompanied  by  his  genial  presence.  Never- 
theless we  will  in  this  instance  go  by  the  book,  and 
take  him  at  his  own  imprinting.  There  is  still  to 
be  seen,  on  pleasant  afternoons,  at  the  time  of  this 
writing,  loitering  along  the  sunny  side  of  the  streets 
in  San  Francisco,  a  neatly  though  somewhat  loudly 
dressed  white-haired  and  white-hatted  man,  who  de- 
lights in  the  name  'Ubiquitous,'  whose  military  mus- 
tache is  now  bleached  by  gin-fumes  and  some  sixty-five 
years  of  sinning,  and  whose  history,  like  that  of  many 
another  poor  straggler  along  the  same  streets,  is  full  of 
romance. 

The  portrait  upon  the  book,  however,  is  the  man: 
and  his  life,  the  words  which  follow,  are  empty  wind. 
Characteristic  of  his  writing  is  the  appearance  of  the 
author's  belief  in  his  own  innocence.  This  ghost 
of  sincerity  is  carried  to  the  verge  of  irony  through 
every  page.     Like  the  frail  damsel  who  bewails  iier 


A  BARREN  AUTOBIOGRAPHY. 


lost  virtue  by  superfluous  asseverations  of  her  purity, 
Ned  harps  upon  his  honor,  his  wrongs,  and  sufferings 
until  the  most  stupid  reader  cannot  but  detect  the 
hollowness  of  the  strain.  And  yet  tinged  with  such 
sombre  shades,  in  some  measure,  are  all  good  and 
great  men  of  virtue  and  genius  born. 

Mr  McGowan's  book  opens  with  an  introduction 
i'lill  of  l)0gus  pathos,  in  which  he  strikes  the  attitude 
of  martyr,  and  ranges  the  members  of  the  Vigilance 
Committi  '■  round  him  as  fanatics.  This  is  truly 
placing  matters  in  a  new  light.  It  reveals  to  our 
understanding  a  view  from  the  other  side,  which 
!>iinpl('  thought  and  research  could  by  no  [)ossibility 
obtain.  We  thank  the  judge  for  this  illumination. 
We  would  if  possible  concentrate  light  and  i)our  it 
upon  this  subject  until  through  it  and  on  every  sitle 
(if  it  all  is  as  clear  as  crystal.  After  diligent  search  1 
Hud  nothing  in  Ned's  martyrdom  unusual  to  the  suf- 
fering people  of  Satan.  He  was  pers>.cuted  for  the 
truth;  in  this  he  says  rightly,  for  it  was  true  that  for 
wliicli  he  was  persecuted.  They  who  did  it  were 
fanatics;  that  is  to  say,  in  the  same  sense  that  Xed 
was  a  i)ersecuted  saint. 

The  honorable  Ned  says  he  entered  political  life  in 
l!^o7,  was  made  live  times  district  clerk,  and  in  1842 
was  elected  to  the  legislature  of  Pennsylvania,  oi" 
which  state  he  was  native.  He  says  nothing  of  the 
Chester  County  Bank  robbery,  of  which  he  was 
ashamed;  nor  of  the  time  prior  to  his  politico-pilfering 
t^areer,  when  he  was  compositor,  a  swift,  industrious 
craftsman,  of  irreproachable  character,  a  compositor 
in  the  printing-house  of  Adam  Waldey,  of  which 
honest  occupation  he  was  no  doubt  also  ashamed. 

To  this  book,  I  must  say,  we  are  indebted  for  very 
Uttle  information  of  any  kind.  What  we  would  know 
i>f  Xed  himself,  and  of  his  doings,  we  ruist  seek  from 
other  sources.  In  the  latter  part  of  1835  he  beoan 
to  be  seen  about  the  democratic  primaries  and  public 
meetings  in  Philadelphia,  where  his  ready  intelligence 


248 


THE  HONORABLE  EDWARD  McGOWAN. 


li 


I  vr 


and  fiery  spirit  soon  caused  him  to  be  marked  as  a 
rising  star  among  the  tough  old  politicians  of  the 
democratic  regime.  He  was  soon  master  in  the  art  of 
managing  elections,  and  was  courted  by  the  great  ones 
of  his  party  as  a  young  man  who  had  merit  in  liim 
and  was  useful  to  the  country.  He  soon  fell  into  tlie 
t'vil  ways  of  the  politicians,  and  began  to  loiter  about 
drinking-saloons  and  gaming-tables,  where  his  wit, 
dash,  and  fluency  as  a  tap- room  orator  made  him 
always  welcome.  He  began  to  read  law,  also,  and  was 
elected  clerk  of  his  political  district.  He  continued  to 
rise  in  the  favor  of  his  party,  and  was  finally  elected  a 
member  of  the  assembly.  At  Harrisburg  his  youth, 
pluck,  and  proficiency  in  all  the  arts  and  wiles  of  the 
politician  rendered  him  conspicuous,  and  he  soon 
plunged  into  the  arena  of  debate  with  a  violent  speech, 
abounding  in  the  grossest  personalities,  against  the 
governor  of  the  state.  The  State  Capital  Gazette,  in 
an  article  reviewing  this  speech,  excoriated  the  young 
Demosthenic  bully  mercilessly;  and  the  next  morning, 
McGowan  seeing  tLe  editor,  Mr  Brannan,  seated  at 
a  ilesk  in  the  hall  of  tlie  assembly,  deliberately  wall^ed 
up  and  stabbed  him,  inflicting  a  serious  but  not  i'atal 
wound.  His  political  friends  shielded  him  from  pun- 
ishment, but  he  was  counselled  to  resign  his  seat  and 
return  to  Philadelphia,  which  he  had  the  prudence  to 
do,  and  was  soon  afterward  appointed  a  captain  of 
police.  At  this  time  he  had  ripened  into  an  acconi- 
plishod  roue,  and  was  the  boon  companion  of  sonic  of 
the  most  dissolute  characters  in  the  city.  Tlien  fol- 
lowed the  Chester  County  Bank  robbery  and  the  flight 
of  Captain  McGowan.  He  was  apprehended  in  the 
western  part  of  the  state  disguised  as  a  drover,  with 
some  of  the  stolen  money  in  his  possession,  and  was 
brought  to  Philadelphia,  and  after  undergoing  a  form 
of  trial  escaped  to  California,  arriving  in  San  Francisco 
in  1849,  and  entered  com  amove  upon  the  wild  life  of 
the  time  and  place.  He  soon  became  a.  power  with  the 
democracy  here,  presiding  in  conventions  and  man- 


BANK  ROBBER,  POLICEMAN,  JUDGE. 


249 


ao"ing  elections  in  a  royal  manner.  A  special  bill  for 
Ills  relief  from  the  Chester  County  Bank  difficulty  was 
passed  by  the  California  legislature,  and  ho  was  cheek 
by  jowl  with  the  greatest  men  of  his  party.  He  was 
fiocted  a  justice  of  the  peace,  and  his  court  was  the 
scene  of  many  fierce  battles  among  the  windy  votaries 
of  the  law.  In  1851  we  find  him  sitting  as  associate 
justice  in  the  court  of  sessions.  He  resigned  his  legal 
sceptre  after  a  time,  however,  and  was  appointed 
cdiinnissioner  of  immigrants  by  his  friend  Governor 
l^iglor.  This  was  a  remunerative  office,  and  the  gay 
and  eccentric  McGowan  is  supposed  to  have  made  the 
most  of  his  golden  opportunities,  as  he  basked  in  the 
smiles  of  the  most  charming  and  costly  cyprians,  and 
floated  in  oceans  of  champagne.  He  was  involved  in 
a  number  of  amours  and  intrigues,  and  would  brook 
no  rivalry  in  affiiirs  of  this  kind. 

In  June  1851  John  Nugent  was  indicted  fior  send- 
ing a  challenge,  and  brought  before  the  court  of  ses- 
sions, Campbell,  judge,  and  Brown  and  McGowan, 
associate  justices.  Weller  and  Heydenfeldt  were 
Xugcnt's  counsel,  and  McGowan  was  his  friend.  This 
and  other  favors  Nugent  never  forgot.  Ned  was  then 
an  upright  judge,  and  had  nothing  to  fear  from  the 
newly  organized  Vigilance  Committee,  especially  as 
long  as  he  had  a  friend  at  court  in  the  person  of  the 
tclitor  of  the  Herald,  one  of  the  chief  supporters  of 
the  cause. 

Upon  the  minutes  of  a  general  meeting  of  the  first 
("oniniittee,  held  the  22d  of  July  1851,  Selim  E. 
Wood  worth  in  the  chair,  a  motion  was  made  by  Mr 
liiindley,  and  adopted,  that: 

"WirEKtAS,  E.  McGowan,  formerly  a  police  officer  in  the  city  of  Pkila- 
ilelpliia,  now  an  associate  justice  of  the  court  of  quarter  sessions  of  tlu- 
<  omity  of  San  Fiancisco,  was  convicted  of  being  an  accomplice  in  the  robbery 
ut  the  (  iioster  County  Bank,  in  the  state  of  Pennsylvania,  and  obtained  a  now 
tiiul,  on  which  he  escaped  conviction  from  the  absence  of  witnesses  who  had 
tostifiid  uguinst  liiui  on  the  former  trial;  and  whereas,  the  said  E.  McCJowan 
hiis  l)reii  charged  with  official  corruption  by  a  grand  jury  of  the  said  county 
of  San  Francisco;  therefore,  be  it 


250 


THE  HONORABLE  EDWARD  McGOWAN. 


"Resolved,  That  if  these  charges  be  true  it  is  a  disgrace  to  the  county  to 
tolerate  him  in  the  position  he  occupies ;  and  be  it  further 

"Resolved,  That  the  executive  committee  be  directed  to  investigate  the 
matter  and  report  to  the  general  committee ;  and  if  their  report  furnish  suffi- 
cient grounds,  in  the  estimation  of  the  general  committee,  that  he  be  re- 
quested to  withdraw  from  the  bench,  under  penalty  of  the  said  report  being 
published  to  the  world  in  case  he  refuse." 

There  never  yet  was  a  man  just  because  he  was 
judge,  though  many  may  have  been  made  judges 
because  they  were  just.  Ned  was  neither  the  one  nor 
the  other;  he  was  not  judge  because  he  was  just,  not 
just  because  he  was  judge.  And  there  were  others 
like  him  in  those  days. 

On  the  fatal  afternoon  when  James  King  of  William 
fell  before  the  pistol  of  Casey,  McGowan  is  known  to 
have  armed  himself  with  unusual  care,  and  was  heard 
to  say,  as  he  hurriedly  glanced  at  the  paper  containing 
the  article  abusive  of  his  quasi  friend,  "Casey  will 
attend  to  that!"  And  this  notwithstanding  Catsey 
and  McGowan  were  not  just  then  U[»on  the  best  of 
terms.  In  virtue  they  were  enemies;  in  vice,  friends. 
Often  it  is  easier  to  quarrel  with  a  friend  than  to  dis- 
charge an  obligation. 

The  testimony  that  was  given  at  the  coroner's  in- 
quest showed  plainly  enough  that  McGowan  knew 
what  was  going  to  transpire  that  day,  and  stood 
around  whiling  the  leaden  hours  away  with  gin  cock- 
tails as  he  awaited  the  portentous  report  of  Castv's 
revolver.  The  fact  does  not,  standing  alone,  condenni 
him  as  a  malefactor  of  the  blackest  type.  Those  w  ere 
hard  days.  Casey  had  his  quarrel  to  dispose  of  aeeord- 
ing  to  the  savage  practice  of  the  time,  and  McGowan 
was  simply  loitering  and  listening  with  a  friendly 
interest  in  the  event,  which  in  the  lurid  heat  ( »t'  the 
people's  mighty  passion  made  an  ugly-lookinor  case  for 
him,  and  actually  imperilled  his  life.  The  fearful  up- 
rising of  the  people,  and  the  swift  and  menacing  action 
of  the  executive  committee,  soon  hedged  McGowan 
about  by  imminent  danger.  The  grand  jury  indicted 
him  as  accessory  before  the  fact  to  the  murder  of 


FLIGHT. 


m 


King,  and  the  vigilants  rushed  forth  on  his  trail. 
McGowan  went  into  hiding  promptly,  and  began  that 
interesting  series  of  experiences  as  a  fugitive  from 
the  terrors  of  the  Committee,  which  he  so  feelingly 
sets  forth  in  his  book. 

Oil  Tuesday,  the  20th  of  May,  as  the  bells  tolled 
the  departure  of  James  King  of  William,  Casey  lifted 
his  eyes  in  his  cell  as  the  slow  and  sorrowful  knell 
stniok  tbo  air,  then  bowed  his  head  in  his  hands  with 
a  sigli  of  despair.  It  was  an  ominous  and  terrible 
sound  to  Edward  McGowan  likewise,  and  ho  knew 
that  lie  must  fly  for  his  life.  For  ten  days  he  lay 
concealed  in  the  rooms  of  a  friend  in  Commercial 
street;  meanwhile  the  emissaries  of  the  Committee 
were  ])utting  forth  every  exertion  to  find  him.  Ho 
finally  was  compelled  to  venture  out,  and,  disguised 
and  heavily  armed,  he  made  his  way  to  another  place 
of  coneealmcnt  on  the  road  to  the  Mission  Dolores, 
in  the  house  of  an  old  lady,  where  he  remained  for  u 
month.  While  there  he  frequently  saw  companies  df 
vigilants  out  on  drill,  and  the  sunlight  flashing  from 
their  polished  arms  aroused  mingled  emotions. 

On  the  27th  of  June,  with  the  intention  of  making 
his  way  to  Philadelphia  by  the  southern  route  tlirough 
]^Iexico,  McGowan,  accompanied  by  a  friend,  started 
south,  travelling  with  elaborate  caution  and  assuming 
disguises,  chief  among  which  was  that  of  an  Ameri- 
can priest  examining  the  missions  for  the  purpose  of 
writing  a  book.  Reaching  a  rancho  in  the  vicinity 
of  Santa  Bdrbara  after  a  long  and  arduous  journey  on 
horseback,  Ned  paid  his  respects  to  the  Fourth  of 
July  by  exciting  an  old  Mexican  to  intoxication. 
Tills  made  the  Mexican's  wife  angry,  and  perhaps 
Xed  was  never  at  any  time,  during  tlie  period  of  liis 
riiifht  and  concealment,  in  greater  danger  of  utter 
annihilation,  and  he  was  almost  constrained  to  wisli 
that  his  country  had  never  been  born.  I  may  here 
remark  that  in  the  narration  of  Mr  McGowan  bottles 
of  wliiskey,  and  bottles  of  brandy,  and  bottles  of  low 


252 


THE  HONORABLE  EDWARD  Mt^OWAN. 


degree  waltz  up  and  down  in  gorgeous  procession, 
shedding  a  tropical  glow  over  the  rocky  pathway  of 
this  distinguished  man. 

Certain  persons  who  know  McGowan  recognized 
liim  in  the  streets  of  Santa  Bdrbara,  and  raising  the 
alarm  a  mob  was  gathering  to  apprehend  him,  wlioii 
u  horseman  dashed  up,  and  leaping  to  the  ground 
caught  Ned  by  the  hand  with  the  rapid  exclamation, 
"They  are  on  your  track,  Judge;  trust  yourself  to  me, 
or  you  are  lost!"  It  was  Jack  Powers,  the  robber 
thief,  whose  career  on  the  road  had  won  for  him  the 
weird  title  of  Destroying  Angel.  Following  the  liigli- 
wayman  at  a  run  down  a  narrow  street,  McGowan 
was  passed  by  him  through  an  open  window  into  .i 
room  where  there  happened  to  be  lying  loosely  on 
the  floor  some  forty  yards  of  carpeting,  into  wliieli  lie 
was  rolled  and  left  to  lie  there  like  a  gigantic  cocoon. 
Jack  then  sprang  out  through  the  window  and  led 
the  noisy  chase  after  an  imaginary  McGowan,  render- 
ing himself  conspicuous  by  his  energy  in  the  matter, 
but  never  finding  his  ii>an.  Eventually,  however,  the 
l)ursuit  became  so  warm  th^t  a  Spanish  friend  of  NchI's, 
desiring  to  throw  his  enemies  off  the  trail,  started  a 
report  that  a  man  was  seen  skulking  into  a  tule  swami* 
near  town,  and  thither  the  clamorous  crowd  turned, 
thinking  the  game  was  at  last  in  the  toils.  The  tules 
were  fired,  and  crackled  with  empty  exultation  before 
the  evening  wind,  as  McGowan  lay  suffering  with 
thirst  and  fighting  millions  of  fleas  in  the  roll  of 
carpeting.  That  night,  with  the  assistance  of  Jaek 
Powers,  he  managed  to  escape  to  the  mountains  back 
of  town,  and  hid  himself  in  a  thicket.  There  lie  re- 
mained all  the  next  day,  and  slept  in  an  oatfield  the 
following  night.  Hunger  at  last  drove  him  to  a 
neighboring  rancho  for  food.  Wandering  about,  he 
lost  himself,  and  at  last,  by  good  fortune,  fell  in  with 
Jack  Powers  again,  who  put  him  upon  a  mule,  and 
conveying  him  to  the  Arroyo  Hondo,  placed  him  in 
charge  of  a  Spjiniard  and  his  wife,  with  the  retjnest 


THE  CONSCIOUS  KNAVE  HIDES  HIMSELF. 


253 


that  they  should  take  care  of  him  until  the  hunt  was 
over.  Here  on  the  Arroyo  Hondo,  in  a  wild  and 
lonely  canon  whose  rocky  walls  forever  echoed  the 
melancholy  thunder  of  the  neighboring  sea,  the 
hunted  man  rested  from  his  fears  for  a  while  and  un- 
dertook to  recuperate  his  wasted  frame  on  a  diet  of 
jerked  beef  and  pinole.  The  inevitable  brandy-bottle 
chassez  into  this  idyllic  pause  in  the  sounding  epic  of 
our  honorable  judge,  in  a  little  anecdote  which  fitly 
illustrates  the  fathomless  treachery  of  the  native  Cal- 
ifornian  character  in  all  exigencies  involving  the 
care  and  custody  of  the  amber-hued  stimulant  which 
usually  attacks  society  under  the  familiar  legends  of 
Hennessey,  Martel,  or  Noble.  Ned  had  despatched 
one  Pedro  to  town  for  a  number  of  articles,  in- 
cluding a  bottle  of  the  liquid  alluded  to,  which 
errand  Pedro  faithfully  performed,  with  the  exception 
that  he  had  transferred  the  brandy  to  an  original 
Calii'urnian  package,  and  was  heroically  cheerful  under 
the  trying  circumstances  of  the  hour.  He  gravely  re- 
ported that  certain  friends  of  McGowan's  objected  to 
his  being  furnished  any  more  liquor,  for  fear  he  would 
be  guilty  of  some  imprudence;  consequently  he  had 
ground  the  bottle  to  powder  under  his  heel,  and  had 
scattered  it  to  the  winds. 

Things  went  smoothly  enough  until  the  night  of 
the  I4tli  of  July,  when  Greneral  Covarrubias,  of  Santa 
Bdrliara,  a  friend  (^f  McGowan's,  galloped  up  to 
the  door  and  informed  him  that  a  detachment  of 
twenty  or  more  vigilants  had  arrived  at  Santa 
Barbara  by  the  San  Francisco  steamer,  and  were 
going  to  renew  the  search  for  -him.  Packing  a  nmle 
with  blankets  and  provisions,  he  went  back  a  little  dis- 
tance into  the  mountains  where  the  chai)arral  grew 
in  densely  woven  thickets,  and  remained  tlicro  for  a 
week,  visited  only  by  the  little  son  of  his  host  on  the 
Arroyo  Hondo.  While  sleeping  out  in  the  canon, 
about  this  time,  Ned  was  crawling  into  his  blankets 
one  night,  when  a  movement  and  an  ominous  whirr 


264 


THE  HONORABLE  EDWARD  McGOWAN. 


V 


started  him  in  terror  to  his  feet.  The  blankets 
having  been  displaced  by  the  action,  a  large  rattle- 
snake glided  from  his  bed  and  coiled  itself  menacingly 
before  him.  When  we  consider  the  quantity  of  Mexi- 
can brandy  the  exile  was  absorbing  in  those  days,  our 
sympathies  naturally  fall  on  the  side  of  the  serpent. 
It  was  perilously  near  biting  the  wrong  man. 

Relaxing  his  watchfulness  somewhat,  Ned  was  re- 
freshing himself  with  a  bath  at  a  little  spring  near 
the  dwelling  of  his  friends  one  afternoon,  when  tlie 
boy  accustomed  to  carry  him  food  came  running 
toward  him  from  the  house  shouting  breathlessly: 
"Los  hombres  en  la  casa!  vigilantes!  escopctasi 
vamos!  vamos!"  Ned  again  escaped  to  the  friendly 
shelter  of  the  chaparral,  and  calmly  waited  for  the 
danger  to  pass. 

Two  Americans,  one  of  them  named  Mcachani, 
the  keeper  of  the  light-house  there,  and  the  other  a 
San  Franciscan,  had  visited  the  house,  armed  to  the 
teeth,  with  the  intention  of  taking  him  dead  or  aliw, 
but  their  inquiries  failed  to  elicit  anything  from  the 
seilora  or  her  husband  which  would  betray  him,  and, 
having  partaken  of  the  repast  that  had  been  prepared 
for  McGowan,  they  rode  away.  Not  long  after,  other 
members  of  the  Vigilance  Committee,  carrying  bench- 
warrants  for  the  apprehension  of  McGowan,  arrived 
at  Santa  Barbara,  but  could  learn  nothing  of  his  where- 
abouts, and  so  returned.  The  newspapers  of  the  state 
were  teeming  with  all  manner  of  false  reports  and 
sensational  accounts  concerning  him  and  his  move- 
ments, and  he  was  really  the  lion  of  the  day.  Here 
is  an  advertisement  which  appeared  in  the  Santa 
Barbara  Gazette: 

"Three  hundred  dollars  reward!  It  being  rumored  that  one  Edward 
McGowan,  a  fugitive  from  justice,  on  the  charge  of  murder,  from  Sau  Fran- 
cisco County,  who  was  last  seen  in  Santa  Barbara,  has  been  murdered  for  » 
sum  of  money  known  to  have  been  in  his  possession,  the  above  reward  will  be 
paid  for  the  recovery  of  his  body,  or  for  information  that  will  lead  to  his  re- 
covery, by  applying  to  the  office  of  Russell  Heath,  sheriff  of  Santa  Bdrbara 
County." 


I 


THE  UBIQUITOUS. 


265 


Al)out  this  time  McGowan  became  satisfied  that 
Don  Pedro,  his  hose  on  the  Arroyo  Hondo,  was 
meditating  treachery,  and  so  he  determined  to  seek 
shelter  under  the  roof  of  Doctor  Den,  whose  rancho 
was  on  the  road  from  the  Arroyo  Hondo  to  Santa 
Barbara.  He  knew  the  doctor  to  be  a  friend,  and 
he  was  loath  to  trust  himself  longer  to  the  Punic 
faitli  of  the  native  Californians.  Arriving  stealthily 
at  the  rancho,  Ned  was  chagrined  not  to  find  the 
doctor  at  home,  but  was  more  than  mollified  by  the 
kind  reception  given  him  by  Dona  Rosa,  wife  of 
the  doctor,  who  provided  for  him  generously.  She 
also  informed  him  that  armed  horsemen  were  con- 
tinually patrolling  the  roads  in  search  of  him.  Leaving 
a  lettei-  for  General  Covarrubias  at  the  rancho,  with 
the  recjucst  that  it  bo  forwarded  at  the  earliest  mo- 
ment possible,  he  retired  to  the  mountains  to  await 
the  re|)ly.  There  he  became  lost  in  a  labyrinth  of 
canons,  and  nearly  perished  from  hunger  and  thirst. 
])V  urcat  oood  fortune  ho  at  last  struck  the  waters 
(if  an  arroyo  which  led  him  down  to  the  doctor's 
rancho.  General  Covarrubias  was  already  at  the 
ranelio,  awaiting  him,  and  he  and  Doctor  Den  received 
the  forlorn  fugitive  with  open  arms,  and  extended  to 
him  every  kindness.  A  camp  was  made  for  him  in 
the  centre  of  a  cornfield  convenient  to  the  house,  where 
for  six  weeks  he  remained  in  comfort  and  security, 
after  wliich  a  room  was  given  him  in  the  house  during 
the  remainder  of  his  stay. 

Meanwhile  every  now  and  then  a  rumor  would  be 
started  that  Judge  McGowan  was  scented,  or  cap- 
tured, or  tried.  Scores  of  reports  of  this  kind  came 
in  from  every  quarter,  from  San  Jose,  Sacramento, 
from  Napa,  from  Monterey,  from  Nevada,  and  from 
beyond  the  mountains.  A  gentleman  wrote  fi-om  Phila- 
delphia that  he  was  there  with  him  at  his  house,  on 
Ninth  street,  below  Catherine.  So  that  to  Ned  was 
given  the  sobriquet  of  *  Ubiquitous.' 

When  tidings  of  his  appearance  at  Santa  Bdrbara 


I  I 


SN  THE  HONORABLE  EDWARD  McGOWAN. 

reached  San  Francisco,  certain  members  of  the  Vij^il- 
ance  Committee  waited  on  Sheriff  Scannell  and  re- 
quested the  warrant  issued  at  the  time  of  Kinj^'s 
murder.  The  sheriflf  refused  to  give  it  up,  but  piom- 
ised  to  send  a  deputy  after  the  culprit.  As  the  matter 
seemed  to  the  Committee  to  demand  haste,  they 
chartered  the  schooner  Exact,  which  with  ten  of  tho 
vigilant  police  went  to  sea  on  the  9th  of  July.  The 
sherift"s  deputy  went  down  on  the  Sea  Bird  two  days 
afterward.  Jack  Powers  was  arrested  in  San  Fran- 
cisco the  27th  of  March  1857. 


Thus  passed  about  nine  months  since  McGowan 
left  San  Francisco.  Some  time  in  the  month  of  Feb- 
ruary McGowan  concluded  that  a  reaction  in  public 
sentiment  had  taken  place,  antl  that  it  was  possiblt 
for  him  then  to  appear  among  his  fellow-citizens  any- 
where outside  of  San  Francisco  without  danger  of 
violence;  so  accompanied  by  a  few  friends  he  set  out 
on  horseback  for  Sacramento,  where  ho  hoped  to  pro- 
cure the  passage  of  a  special-legislation  act  to  det'oat 
the  ends  of  justice,  allowing  him  a  change  of  a  eiiue 
from  the  courts  of  San  Francisco  to  some  other  dis- 
trict where  he  might  have  a  fair  trial — that  is  to  say, 
a  trial  which  would  be  sure  to  leave  him  free.  He 
arrived  in  Sacramento  in  due  time,  when  his  appear- 
ance on  the  streets  in  the  outre  costume  of  his  exile 
created  no  little  excitement,  and  was  warmly  greeted 
by  a  host  of  friends  and  sympathizers.  The  political 
friends  of  McGowan  were  largely  in  the  majority  in 
the  legislative  body,  and  despite  the  opposition  of  the 
San  Francisco  delegation,  a  bill  was  finally  passed 
allowing  any  person,  making  the  proper  showing;,  to 
apply  to  any  court  where  a  criminal  charge  was  pend- 
ing against  liiin  for  a  change  of  venue  to  some  other 
court,  without  the  necessity,  the  sine  qua  iwn  in 
McGowan's  case,  of  making  a  personal  appearance  in 
the  said  court.  Under  the  provisions  of  this  act 
McGowan  procured  a  change  of  venue  to  the  seventh 


A  FARCE  OF  A  TRIAL.  09 

judicial  district  of  California,  and  in  May  1857  stood 
liis  trial  at  Xapa  City,  and  was  of  course  acquitted. 

The  Ihdh-t'ta  was  distrusted.  Says  the  issue  of  tlio 
3d  of  March  1857: 

"Neil  .MflJownn,  the  ubiquitous,  has  actually  arrived  in  Sacramento. 
This  tiiiii'  tilt  TV  ia  no  liumbug  ulmut  it.  It  is  tlio  identical  bailot-l>ux  Htutfer 
liiiiisi'Lf.  lit)  ]nits  up  at  tiie  Magnolia  drinking-saloon,  wliero  during  all  of 
vi'sti'i'lay  lie  wad  the  centre  of  a  large  circle  of  admirers  with  tlie  like  of 
«  hum  tliis  city  Hwanns  at  present.  Sacramento  ut  this  time  resembles  one  of 
tlieiilil  .It  wish  cities  of  refuge,  wliere  murderers  and  other  criminals  could 
flte  f"f  xlulter  from  the  avengers  of  blood.  How  long  this  stote  of  things 
nlinli  coiitimie  depends  entirely  upon  the  inhabitants  themselves,  and  of  course 
i.i  111)  liusiiuHH  of  the  San  Franciscans.  It  appears  that  owing  to  the  organiza- 
tioiiH  (if  vigilance  committees  and  sheriflFs'  posses,  from  San  Diego  to  Moute- 
icy,  McKiiwan  was  afraid  his  quarters  would  be  beaten  up,  and  that  Home 
wch  iiitLiitioncd  but  ignorant  party  of  men  might  mistake  him  for  an  escaped 
tc'Ioii  or  fui;itive  from  justice,  and  hang  him  Ixifore  his  friends  had  a  clianco 
to  I'Ktalilish  his  remarkably  good  character.  That  part  of  the  country,  then, 
kripiiiiiit,'  too  liot  for  him,  he  was  forced  to  look  around  for  one  wliere  he 
wuulil  linil  friends  and  comrades  better  able  to  shelter  him,  and  where  unti- 
liangiu);'  jn  pjudicea  obtain  more  generally  than  in  the  lower  country.  One  of 
till'  iiumci'ous  copies  of  Estill's  speech  which  were  gratuitously  placed  upon 
tlif  ilesks  (if  the  members  of  the  legislature  for  distribution,  and  were  for  siile 
ill  the  bodkstorca,  found  its  way  into  his  hands.  From  that,  and  the  fact  that 
it  was  sufi'eied  without  opposition,  save  from  a  vigilance  man,  to  be  read  in 
till'  u.s,s('iii1ily  iiall,  he  formed  his  own  estimate  of  the  character  of  the  present 
kgislutiirc ;  and,  if  he  longer  hesitated,  a  copy  of  the  report  of  the  (juarter- 
niastcr  and  ai'jutant-geniral,  and  notice  of  the  pardon  of  Stoncifer,  and  that 
two  (if  the  exiles  wern  here  unmolested,  must  have  decided  him.  It  is  sayil 
that  liu  will  now  ask  the  legislature  to  pass  a  special  act  for  iiis  benefit,  to 
fiialilu  liiiii  to  be  tried  here  without  going  to  San  Francisco.  It  remains  to 
he  seen  wliether  his  numerous  and  acknowledged  services  to  the  democratic 
pirty  will  lie  rewarded  in  this  way.  Members  of  the  legislature  M-ill  now 
have  n  fail'  chance  to  express  their  opinions,  and  will  in  all  prolmbility  be 
cdmiHlli'd  to  come  out  and  show  distinctly  whether  their  sympathies  are  witlx 
the  pediili;  or  in  favor  of  shielding  this  prince  of  ballot-box  stuflfers,  shouldcr- 
btrikers,  und  assassins. " 


And  again,  the  23d  of  May,  speaking  of  the  trial: 

"  The  first  act  in  the  farce  of  trying  a  notorious  scoundrel  for  being  acces- 
sory to  a  foul  murder  has  come  off  at  Napa.  Ned  McGowan,  the  cunning  but 
idWi.nlly  and  unprincipled  man  who  has  played  so  conspicuous  a  part  in  the 
villainy  that  lias  heretofore  been  practised  in  this  city,  the  tool  and  accom- 
jilice  of  e((ually  as  guilty  parties  now  in  our  midst,  has  at  last  been  caged  in 
Napa,  and  is  undergoing  a  farce  of  a  trial,  which  is  only  intended  to  create 
sympathy  for  a  hardened  wretch,  totally  unfit  to  be  loosed  on  society.  Nearly 
Pop.  Tmb.,  Vol.  II.    17 


2:,s 


Till-:  HONORABLE  EDWARD  McGOWAX. 


I 


;m 


three  luontlm  since,  tliis  fugitive  from  justice  made  Iiis  nppcnrance  mi  t'le 
luiblii!  streets  of  Sacramento.  Under  the  eye  (jf  the  very  governor  who  claiin.s 
to  have  oir('i'e<l  a  rewartl  for  his  apprehension,  he  was  snfl'ered,  altiioiii,'h  iiiuli  r 
an  indictment  of  a  gnind  jury,  to  roam  at  large,  hold  levees,  and  he  lioiiizivl 
liy  men  of  tiie  same  stripe.  He  was  not  only  persuaderl  to  aslc  for  >]Hii,:l 
legiHlati<in  ;!>  his  behalf,  hut  incmlKJi-s  seemed  eager  to  obtain  his  fiivof  liv 
granting' ills  ri'i|nost;  and  h<!  was  permitted  to  occupy  a  seat  within  tlic  liar 
of  tlie  iissenil>ly,  during  the  session,  by  tlie  side  of  a  lMM)n  companion.  Aftor 
being  feasted  and  lioni/ed  bj'  his  gaping  advisers  and  wouIiI-Ikj  imitiitciis.  a 
judge  was  found  who  had  suilicient  regard  for  the  forms  of  law  au<l  imMif 
decency  to  order  .Mc<  Jowan  to  close  continem-nt.  Tiiat  he  is  guilty  of  ivcy 
cliarge,  and  even  more,  that  has  been  laid  to  him,  no  one  pretends  to  duuiit. 
His  criminal  conduct  in  Pennsylvania,  and  his  sub.se(iuent  villainy  in  tliis 
state,  have  rend''i"ed  him  infamous.  That  he  could  be  convicted,  if  tln'  |irii)M  r 
course  was  pursued,  of  crimes  suliicitait  to  consign  him  to  the  gallows,  [i 
true;  but  tliat  he  could  be  punished  at  tiie  present  time,  while  liis  fiicuils 
are  in  possession  of  power  that  t)ught  to  be  in  honest  hand.s,  is  iloubtiii  liv 
all.  A  want  of  c<»n)idence  in  tlie  authorities  has  produced  an  ajiatliy  aiiKui;.' 
the  people,  as  regards  any  attempt  to  prosecute  tliis  trial  to  a  successful  issue. 
They  believe  that  the  only  thing  to  be  done  in  this  case  is  to  mete  out  justite 
themselves,  or  await  the  advent  of  honest  otlicials  of  their  own  choosing.  That 
Mc(!owan"s  occupation  as  ballot-box  stutl'er  and  worker  in  crime  in  tlii.s  oity 
is  at  an  end,  we  are  conlideut." 

N;i])a  lijul  acquired  quite  a  reputation  iu  tlioso 
(lays  lor  liberating  murderers.  It  was  (juite  the  tliiiiL;' 
it'  you  had  killed  a  man  to  ^o  to  Xapa  to  he  cLaivd. 
Lawyers,  barkeepers,  and  hotel  ])ro])rietors  all  treatid 
sueh  I'elons  as  favored  them  with  their  p;itroiia;4v 
with  every  kindness,  sondiii-''  them  their  choice.st 
viands  free  of  cliarge.  Ned's  Iriends  were  of"  a  <la:s 
that  di'ank  often.  The  saloon-kee]>t'rs  could  i\ly  (Hi 
them;  they  were  always  thirsty.  .Jailer,  judge,  and 
jury  were  all  free  and  easy,  kind  and  lenient;  if  tin' 
prisoner  had  money  and  s[>ent  it,  he  was  a  good  fellow 
and  need  have  no  fear.  In  this  instance  witli  a 
gravity  which  challenges oui* credulity,  the  trial  tiiiiied 
on  the  (juestion  whether  King  was  i;illed  by  ( 'asi-y's 
]»istol-l)all  or  by  the  physicians  who  did  not  cui'c  liiin: 
and  as  there  was  no  other  jilausible  ground  on  wlnvh 
to  cleanse  Ned's  skirts,  they  easily  found  two  |)!iysi- 
cians,  Dr  Cole  and  J3r  Tokuul,  who  testified  that  in 
their  opinion  King  died  from  the  effects  of  treatnuiit 
by  other  physicians  to  whose  course  of  practice  liny 


NED  AS  JOURNALIST.  850- 

took  exceptions.  In  other  words,  it  was  not  tlio 
shoot inj^  which  caused  Kinj^'s  death,  but  the  sickness 
v.liich  inilowed  the  shooting  antl  wliich  the  physicians 
tliiii;!  to  cure! 

N'(»  sooner  was  Xed  declared  an  innocent  l)y  Judge 
Mclviiistry  than  he  set  about  editing  and  pubhshiiig 
a  jtiii»cr.  It  is  not  a  little  singular  how  many  inno- 
cents tljere  are  in  America  to-day  editing  news[)apers. 
Xrd's  ])oper  was  called  the  P/itrnix  at  first,  under 
wjiicli  name  it  ran  twenty-five  Sundays,  from  the  .'^Oth 
lit'  August,  v\hen  in  Mrathful  decay  it  ulcerated  an<l 
apjuan mI  under  the  name  of  the  l'hi(pn'f<nis,  tiie  niorn- 
\\\'^  of  Sunday,  the  2 1st  of  February  1858. 

Tlic  first  number  of  the  Pluenix  opens  with  ^f('- 
diiirnii's  Lircs  of  the  Stnni(/Iers.  But  for  his  art  of 
dodniiiL;',  the  bio<jrrapher  iiimself  might  ere  this  have 
tasted  the  new  social  reform;  as  it  was  he  must  con- 
tent liiinself  concocting  smells  which  if  rank  enough 
te  leaeli  the  object  aimed  at,  filled  the  measure  of  his 
anil  lit  ion.  Haxing  analyzed  Xcd's  Xarrative,  I  shall 
nn\v  exiuiiine  his  journal. 

Tile  hiii;/  of  tin'  Po/ccnfs  is  the  polite  heading  of  an 
ar'.iele  ill  the  first  nuunber,  on  the  brother  of  James 
K'uvj;  of  William,  the  substance  of  which  is  in  fair 
keejiiiig  witli  the  caption.  On  the  second  page  .a  com- 
plete "list  of  the  stranglers"  is  given.  This  is  followed 
I'Va  '"salutatory"  whieh  is  "fully  aware  of  the  respon- 
-iliility"  falling  on  an  edit-  r;  wiiich  })romises  that, 
tiutli  lioing  abundant,  lies  wid  not  lu;  resorted  to  for 
tile  annihilation  of  envniies — a  ])osition  which,  though 
]iessilily  assumed,  never  befon;  was  maintained  by  a 
]tul)lic  journal;  which  acknowledges  the  duello  a  jiart 
"f  it>  |)oiitical  creed;  and  which  declares  that  none 
I'Ut  \igilants  "need  fear  exposure  in  oui"  cohunns." 
Aeeciiliiig  to  the  l)old  licentiousness  forthc(»miiig,  the 
ulitdi-  s;iys:  "We  shall  strive  to  present  a  paper  which 
will  lie  ic-ad  and  sought  after  by  all,  but  should  our 
•  I'luiniis  contain  thinirs  which  should  shock  the  fastid- 
i"U>^,  and  prevent  it  from  being  the  companion  of  the 


.If- 

•h 

I 
I 


260 


THE  HONORABLE  EDWARD  McGOWAN. 


drawing-room  and  family  circle,  wo  shall  have  to  ask 
grace  of  our  readers,  for  wo  deal  with  iilthy  subjects, 
and  as  a  faithful  historian  we  are  compelled  to  i;ivo 
every  item  both  of  atrocious  vulgarity  and  gluiiiig 
crime." 

The  second  number  comments  on  the  ancient  j>uri- 
tan  as  he  appears  in  the  modern  stranglor,  and  virws 
him  in  his  "admixture  of  piety  and  hypocrisy,"  liiis 
liberty-loving  desire  of  crushing  others,  and  his  (piakti- 
hanging  and  witch-drowning  proclivities.  It  then  takis 
up  one  after  another  of  several  of  the  executive  (((lu- 
mittee  and  connuents  upon  their  chararter  in  no  Ihittci- 
ing  terms. 

The  fourth  number  appeared  in  mourning  for  the 
death  of  Judge  Murray,  as  left-handed  an  honor. 
surely,  as  ever  was  paid  a  chief-justice  of  a  su])riiiiL' 
court.  Every  printed  word  concerning  McGowan  or 
his  narrative  was  reproduced  with  lively  if  not  vciv 
chaste  comments.  Scores  of  San  Franciscans  wvw 
thus  bespattered  with  the  filthiest  blackguaidisni. 
To  obscenity  it  added  blackmailing,  and  until  the  JOth 
of  June  1858,  the  last  number  I  have  seen,  drovu  an 
iniquitous  trade. 

The  dead  Phccnix,  rising  on  the  21st  of  Febiuaiy 
1858  into  new  life  as  the  Ubiquitous,  again  salutes  its 
patrons  with  "no  ordinary  feelings  of  pride  and  stli- 
gratulation."  "In  defiance  of  all  right  and  justii( . 
it  adds,  "in  violation  of  every  principle  of  truth,  our 
enemies  have  seen  fit,  in  their  demoniac  rage  at.  our 
showing  them  to  the  world  in  all  their  hideous  di- 
formity,  to  endeavor  to  hinder  and  delay  us  iii  it> 
further  execution.  In  this,  however,  they  have  not 
succeeded."  The  opening  number  of  the  f7>/(/'n/-»/^v 
contains  a  wood-cut  t)f  *  33,  Secretary,'  which  with 
the  adtlitions  of  two  leading  saloon-keepers,  Hopkins, 
wlioni  he  calls  the  hangman,  and  Jules  ]3avid,  niairs 
the  last  page  of  the  last  number,  under  the  title  of 
'McOowan's  Portrait  Gallery  of  the  Strangles  I'ur 
Fraser  lliv.)r.' 


IX  BRITISH  COLUMBIA. 


201 


All  the  issue  of  the  14th  of  February  of  this  de- 
k'ctal)lt'  journal  sent  to  San  Francisco  was  seized  l)y 
the  chit-'f  of  police  as  unfit  for  circulation;  whereupon 
iR'xt  (lay  ill  an  'extra'  a  great  cry  was  raised  by 
the  cilitor.  "Another  outrage  in  the  city  of  blood  1 
Xi'Wsbo}'  arrested  and  paper  seized!  Is  there  any- 
tliiiiL,^  obscene  in  this  paper?  The  freedom  of  the 
jinss  tolerated  by  the  stranglers  in  their  strangling 
])nss  only.  The  stranglers  writhing  under  our  lash! 
Wlio  says  we  are  not  getting  even,  more  than  even^" 

A  whole  volume  of  reflection  on  the  freedom  of  the 
jiicss  is  offered  in  this  ludicrously  absurd  cry.  Nor 
should  the  honorable  judge  have  so  oi)enly  acknowl- 
td«;(Ml  tliat  he  was  getting  more  than  even,  for  that  is 
not  justice. 

In  18G2  we  hear  of  Judge  McGowan  in  the  gold- 
fiilds  of  British  Columbia.  Ned  always  possessed 
(juitc  a  penchant  for  gold-getting,  in  whatsoever  ca- 
pacih".  "As  an  instance  of  the  workings  of  universal 
su'  r.  ,  "  writes  Mayne,  "it  may  be  mentioned  that 
this  man  at  one  time  filled  the  office  of  a  judge  m 
Cahlornia;  and  quite  recently  when,  after  shooting  at 
a  man  at  Hill  Bar,  whom  he  luckily  missed,  he  es- 
(•a|»t(l  across  the  frontier  into  American  territory,  ho 
has  hccn  fleeted  to  the  house  of  representatives  of 
oiii"  of  the  border  states  that  lie  east  of  the  Rocky 
3Iountains." 

And  again,  speaking  of  some  disturbance  created 
hy  ^IcGowan  at  Yale,  ho  says:  "Colonel  ]\Ioo(ly, 
iv])r('sciiting  the  majesty  of  the  law,  was  still  at  Yale. 
-Ml'  McGowan  outraged  it  unmistakably  l)y  com- 
iiiittiiig  an  unprovoked  assault.  This,  coupled  with 
suudi'v  other  suspicious  circumstances,  causeil  Colonel 
3[iiody  to  tliink  that  ^IcGowan's  friends  and  ad- 
in'mrs  woukl,  if  ])rovoke(l,  break  into  serious  insub- 
oi'diiiatioii;  and  he  at  once  instructed  me  to  drop 
<iowii  the  river  to  Hope  and  Langley  and  order  up 
the  ciiMiiiei'rs,  marines,  and  blue-jackets  left  at  tlioso 
places.     Mr  McGowan,  after  enjoying  the  sensation 


202 


THE  HONORABLE  EDWARD  McGOWAN. 


ho  liad  caused,  paid  the  comniissitnicr  a  formal  visit, 
and  after  making  a  very  goiitlomauly  apology  for  tliu 
hasty  l)lo\v  which  had  disturbed  the  peace  of  l^ritish 
(.'oluinhia,  committed  himself  frankly  into  the  liaiids 
of  justice!  What  could  be  done  with  such  a  fiaiik, 
entertaining  rascal,^  He  was  lined  for  the  assault, 
e.vonerated  from  all  ])revious  misdemeanors,  and  next 
day,  upon  Hill  Har  being  visited  by  Mr  Begbic,  tlio 
chief- justice,  and  myself,  he  conducted  us  over  tlie 
diggings,  washed  some  dirt  to  show  us  the  pntctss, 
and  invited  us  to  a  collation  in  his  hut, when  we  diank 
cham[)agne  with  some  twelve  or  fifteen  of  his  (  il- 
ifornia  friends.  And  whatever  o[)inion  the  \'igilaiico 
Connnittee  of  San  Francisco  might  entertain  of  tli  • 
gcntliMiK!!!,  1,  s])eaking  tis  I  found  them,  ran  only  sav 
that,  all  things  considered,  I  have  rarely  hinche(l  with 
a  better-spoken,  pleasanter  party.  The  word  niiiKT, 
in  uia'.iy  unacipiainted  with  the  gold-fields,  ct)nvc\s  an 
impression  similar,  perhaps,  to  that  of  navvy.  !iut 
amoiii;  them  mav  often  be  found  nien  who  In*  biitli 
and  I'ducation  are  well  <[ualified  to  hold  their  own  in 
the  most  civilized  connnunity  of  Europe." 

I  give  herewith  some  letters  of  Mr  ]\Ic(f()wan's 
A\hieh  {'vW  into  the  hands  of  the  Vigilance  C.nmiiitttr, 
w  hicli  fix  his  social  status  more  definitelv  than  any 
other  evide  .ce  I  luive  seen.  And  first,  one  ad' lies.-' 'i 
"rFudge  ?dc(jrowan,  care  D.  C.  Hroderick,  I'liioa 
Hotel,  San  Francisco.  Bv  Adams  and  Coiiiitiinvs 
E\[)rest-.  from  Auburn. " 

"ACECRN,  Sei>t(!nilK;r  ,S,  1S,'>3. 
'•Di'.Aii  .TnujE: 

"  I  acizu  tlie  inomcut  to  oommimicato  t!ie  ncwa  from  Placer  Cuuiity.  <)n'' 
voto  is*  not  HO  larger  as  lust  yi;;ir  by  UXM;  J^igler's  mujoiity  will  Ik;  al"'ii(  -I'V 
I'rccincts  ill!  liiiud  frotn  oxicpt  t\\:>  <>'•  lln'c'  Niiiall  oii»  h  iu  tlii'  iiioinLtiitiis. 
County  tickt't  all  (■k-ctfil.  Dnuikunr;*  Mar,  10"."  vot'.-s.  polliil  JiiglirH^;  tlu' 
rest  of  the  ticki't  H)0 — in  gportiug  language  <i  jlimfi.  (,'un  you  lieat  ii.  iny; 
I'll  iif  lit  !iiuiio  oil  the  10th.  Yours, 

"DlcLSoN." 

"  Pr  Dickson  vlio  wrote  tliis  lottcr  .vds  kiilwl  in  a  ilncl  at  Sacri.in 'iitii, 
March   IJ,  lS."cl,  hy  Philip  Tlioniaa.     i   wus   the   'j'niitd'  of  Djckji::.    Jl'- 


111 


MISCELLANEOUS  LETTERS. 


203 


was  ,1  noMo  fellow,  and  was  deserving  of  a  better  fate.  The  quarrel  was  not 
his  ipwh.  I'lit  that  of  a  friend,  whom  Tiionias  refused  to  reeogni/e  as  a  gentleman. 
Dicksdii  took  his  friend's  place  and  fell  mortally  wounded.    Peace  to  his  ashes. 

"Ei)W.  McGowAN. 

".V<(/t  Fmnc'iaco,  March  26,  1S54." 

The  lionorablc  John  B.  Woller  to  the  honorable 
Edward  McGowan: 

"Washington  City,  January  24,  1853. 
"Mv  1)i:ar  Sik: 

"  111  the  nudtiplicity  of  other  engagements  I  have  only  time  to  write  you 
a  >hnrt  iidti-  in  reply  to  yonr  letter  of  the  ir)tli  ult.  You  will  ho  kind  t.'uough 
tu  \>:i\  over  to  my  brother  0.  L.  Weller  tlie  amount  diu;  me  from  the  Marino 
hospital.  In  regard  to  the  federal  offices  in  California,  I  can  onlj'  say  that  I 
am  iiuicli  mortified  at  the  great  numberof  applicants  for  all  the  oIIIcch  in  that 
state.  1  am  literally  overrun  with  letters,  etc.  After  all  names  have  l)een 
|iii  siutcd,  tlie  delegation  from  California  will  attempt  to  unite  in  tiieir  recom- 
I  ;i  iKhiti'iiis.  If  in  the  general  scramble  anything  can  l«e  done  for  you  it  will 
gi\o  iiif  grwit  pleasure.     Respectfully,  your  friend, 

'•.John  15.  Weller." 

"Lil.  Mfd'oimn,  EiKj." 

"1,  John,"  desire  tho  election  of  Skinner: 

"JJknici.v,  October  0,  1W3. 
"In-Ai;  Mf'Oow.w: 

•■  I  desire  you  to  aid  the  election  of  ,T.  S.  Skinner  a.i  city  physician  all  in 
yiiiir  jiDwiT.  Say  to  IJroderick  that  I  am  auxiou.s  for  his  election  for  rea.sons 
w'awU  I  will  explain  to  him.  I  will  be  down  on  Monday  evening  witiiout 
f:iil.  I'ridy  yours,  John  IIiuLku.'" 

The  voiKdis  <lo  not  u'ant  their  leaders  to  fi<jht.  Vi 
TiiiiKi  and  J.  F.  Qnin  to  Judijje  McClowan  in  relation 
to  a  iir()[)OHcd  duel  between  Bagley  and  Casey. 

"  N.  B. — Privaie.  and  conjidvntial. 
'•lH;.\n  \Kn: 

•  \\  1-  hiive  lioen  called  on  to  act  in  the  capacity  of  seconds  in  a  duel  that 
Is  til  .uiiii'  i)tr  in  the  r.iornirig  between  Mr  Bagley  and  Jas.  Casey.  To  ycm, 
as  till'  frii'ud  of  Mr  W.,  we  now  write,  and  if  our  former  iutiuiacy  can  guar- 
aiitir  the  denianil,  we  insist  upon  you  lending  ymii  hand  to  tho  settlement  of 
till'  saiiic.  From  what  we  understand  of  it,  it  is  a  dillicidty  that  can  Ihj  set- 
tlcil  witiiout  the  lea.st  trouble.  Take  tho  advice  of  triciids,  though  younger 
ill  viars  than  yourself,  that  tho  settlement  of  this  niattm-  would  benelit  all 
piirtics  interested.  Tiiere  is  no  necessity  for  any  haste  in  this  atliiir.  Come 
ill  tiiwii  with  your  friend  and  confer  with  us,  and  1  am  corUiin  it  can  be 
anaiigiM!,  \.vi  nie  a.ssuro  you  that  Vi  and  myself  are  eipiidiy  friendly  with 
line  as  th.'  otiii'i'.  I'or  your  sake  and  ours  come  iiiimeiliately  on  receipt  of  this. 
You  hliall  not  lompiomise  yourself.     Your  t'ricnds, 

"Vi  TiruNEU  uul  Jas.  F,  Qixn, 
"  To  Jiuhje  McUownn." 


W 


11 


I  i  '■ 


,?g; 


2C4  THE  HONORABLE  EDWARD  McGOWAN". 

How  Ned  kept  his  politico-pugilistic  accounts: 

Peter  Wlutcman, §17'' 

Eirickson, 'M 

Small  &  Co., 100      Draft  on  Philadelphia  di8hon.,rc'1. 

Dick  Howell 130          "      "           " 

John  Ahraliams 25 

Young  Elder, 30         PhiladelphionsandPennsylvimiaus 

Irish  Thornton 25      that  I  have  loaned  money  to,  ik  it  (mo 

Jim  (Jalaway, 50      of  which  ever  made  the  tirat  oIHt,  or 

W.  Williams 25      ever  will,  to  pay. 

O.  IJailey 113 

Sowing  the  good  seed  at  election : 

"Sav  Fkancisco,  September  5,  ls,")4. 
"  Rec'd  of  Edward  McGowan  three  hundred  dollars  for  tlio  county. 

"$300.  W.   J.    SWKASKV." 

"San  Francisco,  September  4,  i«o4, 
"Rec'd  from  Edw.  ]McGowan  §150  for  election  puqwses. 
"i;l50.     --'d  Ward.  Tiios.  M.  Caiiiu,." 

"Sas  FnANCisco,  Scptemlwr  4,  ls:)4. 
"  Rec'd  from  E.  McGowan  §150  for  election  purposes  for  .Sth  Ward. 
"5;150.     Sth  Ward.  D.  1$.  Castuo." 

"San  Francisco,  September  .',  ls.')4. 
"lloccivcd  of  E.  McGowan  the  sum  of  §150  for  the  Seventii  Wiinl. 
"I?150.     TthWard.  Peter  Kenny." 

"San  Francisco,  September  0,  l.s,")4. 
"K#if'd  of  Edward  McGowan  §150  for  the  Third  \\'ard. 
'  «(I5(>.  David  Scannii.i.." 

"San  Francisco,  September  (i,  ls,"(4. 
"  Rec'd  of  Edward  McGowan  §150  for  the  Sixth  Ward. 
"§150.  Peter  Vekukk." 

"San  Francisco,  September  (!,  IS.'>ii. 
"  Rec'd  of  Edward  McGowan  two  hundred  dollars  f<ii  Fifth  Waul. 
"§•200.  Jacou  Rnciiii:." 

Ned  neglects  his  little  French  girl: 

"  Mv  Dear  Friend: 

"  I  suppose  that  you  arc  very  surprise,  not  see  me  since  any  days,  but  not 
you  knows  that  .Madume  IJuluicourt  .siio  as  been  very  bud  for  me.  an  .-ilu'  s.ivs 
if  1  urn  going  to  see  you  tlie  dour  shoukl  be  shut  inc.     MaiUvuiu  Dubutnui  t  is 


MISTRESSES  A^O)  ACTRESSES. 


265 


very  jf'alons  and  sorry  why  anyboily  like  me.  I  am  been  very  sick  hy  this 
c<iiiil\iit,  an  very  sorry  that  you  not  come  see  nie.  You  know  my  di'ur  friend 
tlio  atlWtion  that  I  liave  for  you,  and  I  suppose  that  you  have  tlie  same  for 
nil .  Any  time  tliat  you  call,  I  shall  have  very  happy  to  see  you ;  if  you  not 
Kjiiie  now  I  think  you  very  bad  for  you,  but  I  hope  my  letter  find  you  the 
KiiiK'  iiir  1110  as  Ixjfore.  Your  friend, 

"„'.7  .l«7tt«(.  Lenny." 

Among  the  actresses  Ned  was  a  darling  gay  Lo- 
thario: 

"  Paris,  3d  March,  18.W. 
'•l^ilmird  .}rcOoiran,  Esq.: — 

'•  Mv  Dear  Friend  :  Alone  in  my  little  parlor  far  away  in  this  gay  v.lacc 
I  tliiiik  111  those  Avho  love  me; — and  you  are  not  forgotten. 

•'  My  I'yes  arc  still  very  weak,  indeeil,  and  pain  mo  very  much,  or  I  wouhl 
wi  it(!  yt'U  a  long  letter — all  about  my  thoughts  of  you  and  other  doju-  frieuda 
I  left  lu'liind  me  in  Califoniia,  that  blessed  land  of  gold  and  good  lieurts ! 
litit  it  ^iill  not  require  many  words  to  assure  you  of  all  the  grateful  reiiicm- 
liiiiiKTs  I  fntcrtain  of  you;  I  often  close  my  eyes  and  think  1  see  you,  every 
iii^lit,  licfcpi-e  the  rise  of  the  curtain,  walking  down  the  uisle  of  the  paniuet  of 
t!i"  .Mitinpolitan  Theatre,  a  bill  in  your  hand  and  looking  so  choorfuUy  at 
Mir_\  liddy  n(!ar  you  as  though  you  would  say,  'Well !  have  you  come  to  see  my 
■l;iUL.'lit('i'  iilay  to-night?'  Oh,  those  dearold  happy  times!  Will  they  ever  eomo 
apiiii''  Jlave  you  had  any  new  pet  yet  since  I  left?  I  hojx!  tlie  artists  who 
liavi'  followed  me  have  not  eclipsed  me  from  your  heart.  It  would  give  mo 
l>.'iiii  to  think  so,  for  neither  fate  nor  circumstance  could  change  my  thoughts 
uf  you. 

"  f  liave  been  in  Europe  now  nearly  five  months;  in  company  with  my 
I'lutlur  ;iiiil  sister  I  am  now  spending  some  time  in  Paris.  I  have  seen 
llailicl  the  EuRorEAN  Rachel.  I  must  not  praise  her,  since  everybody  here 
says  slic  bears  such  strong  resemlilance  to  me,  and  I  might  be  thouglit  vain 
iliil  I  s]iciil<  my  o]>inion  of  her.  I  am  forced  to  confess  tliat  the  rescmbliiiice 
lictwcni  (lur  styles  of  acting  was  so  striking  that  I  felt  wonder-stiuck  during 
the  lii>it  act.  But  I  can  never  hope  to  attjiiu  the  excellence  to  wliich  she  has 
airivcil,  wliich  is  truly  wonderful.  Her  acting  is  so  powerful,  it  at  lir.st  alarms 
you,  tli(  11  jionitivily  frightens,  then  subdues,  then  delights  you.  !<lie  goes  to 
Ann  riia,  where  I  hope  you  will  see  her.  Her  style,  however,  i;>uc!ies  the 
luail,  l)Ut  iR'ver  once  tiie  hwirt.  The  world  iifi'r  is  all  astir  luvparing  for  the 
A\uiiirs  Fair.  I'.ut  neither  Kngland  nor  France  liave  any  cJiariu  fur  mo  I 
wouli!  liitlier  pass  a  single  year  in  California  than  bask  among  their  licaius 
fiircvci-. 

'•  I  am  iitiidying  very  hard  in  the  sweet  hope  to  be,  some  day,  worthy  of 
til.  j;. 1(1.1  Maiiio  which  San  Francisco  lia.s  already  crowned  liiewitli;  it  will 
i-'ivc  111.'  great  i)leasure  to  return  to  you  all  once  more  and  slmw  ymi  tiie  good 
«•'('  I  have  made  of  my  time;  anil  then,  judge,  we  will  have  a  good  long  chat 
alinut  ..1,1  times.  AVill  we  not?  Yes,  indeed  !  Until  then  may  (iod  be  with 
you;  au.l  believe  me  ever  your  grateful  friend, 

"  Matii.ka  Heron." 


200 


THE  HONORABLE  EDWARD  McGOWAN. 


Horc  is  a  specimen  of  Steve  Whipple's  duniiinrr 

letters  for  money  lost  at  gamblin<^  in  his  estahlish- 

meiit : 

"  Wednesday,  August  10,  1,S54. 
"y;.  MrOnirmt,  Esq.:— 

"  Dkau  Siu  :  At  your  request,  as  conveyed  to  us  by  Doct.  Parkei',  w  <■  have 
not  calU'd  upon  you  for  tlie  balunuu  duo  the  lionsc  on  your  cliock,  suiniosin;  nf 
oourse  that  you  would  on  Monday  liave  met  the  same.  That  day,  Mninliiy, 
j'.:id  yesterday  liaving  passed  without  our  being  able  to  see  you,  we  arc  cum- 
pelted  to  call  on  you  for  a  settlement  of  the  same  to-day. 

"Very  respectfully,  your  obedient  servants, 

"  WmrriJi:  and  Bukkoc(;hs." 


I 


CHAPTER  XV. 


luuuocciis.' 


ARREST     AND     EXILE. 

Objectiou !    Let  him  object  if  he  dare. 

a/ieridan. 

Eaiily  ill  the  present  century  an  Eni^lisli  winc- 
imicliant,  John  l3obell,  wrote  a  hook  entitled  Afan 
I'lijlf  to  (ioceni  Man.  To  have  obtained  a  liearing  in 
San  I'^rancisco  shortly  after  the  middle  of  the  century, 
;Mr  Dobcll  would  have  had  to  make  his  title-page 
nad  M<in  his  oicii  Master.  After  the  execution  of 
Cast  V  and  Cora  every  honest  man  felt  m(Me  honest, 
(■allied  his  head  higher,  and  breathed  more  freely. 
He  ft'lt  that  he  was  again  indeed  his  own  master. 
The  cunspiracy  of  law  and  order  wa.s  broken,  but  it 
was  not  yet  eradicated.  There  was  other  work  for 
the  ( 'onimittce  to  do.     Society  must  be  further  sifted. 

Idk'rs  and  criminals  are  the  greatest  curse  entailed 
nil  socii'ty,  greater  than  war,  [)estilence,  earth<|uake, 
and  I'aniine;  and  to  [)ermit  bad  men  and  their  crimes 
to  niulti|)ly  and  go  down  interbreeding  to  posterity, 
siuli  i  ni  J  )osition  falling  always  alone  on  the  industrious 
and  virtuous,  is  the  greatest  evil  one  generation  can 
inllict  upon  another. 

it  was  the  bounden  duty  of  San  Francisco  to  arrest 
and  ciadicate  the  leprosy  then  overs[)n'ading  her 
viiung  institutions.  Her  citizens,  i'e])resented  l)y  tlie 
trilauial  in  session  on  Sacramento  street,  had  no  right 
tn  iKiniit  the  disease  to  spread  and  so  transmit  to 
tliiii-  children,  their  fair  inheritance,  the  })estilential 
t-an  ass  of  its  former  self.     And  they  did  not;  for  on 

I  207) 


208 


ARREST  AND  EXILE. 


>•! 


tlioir  opinion  they  acted.  A  point  was  reached  wliorc 
a  laisscz-fait'c  policy  in  matters  j)crtaininj(  to  juililic 
weal  could  no  longer  be  endured.  The  laisscz-f'ii'nr 
of  the  .state  govennnent  at  this  time  was  a  hiissc.. 
fairc.  which  let  alone  the  thief  when  he  rcj^luMJ, 
and  his  victim  when  he  cried  for  justice;  it  was  nut 
the  let-alone  principle  which  gives  to  each  citiztii  all 
the  good  he  can  get,  leaving  him  to  suffer  such  evils 
only  as  he  brings  upon  himself. 

And  so  thinking,  they  acted  upon  the  only  true 
principle,  that  the  most  merciful,  not  to  say  economi- 
cal, way  is  to  punish  crime  quickly,  surely,  and  sevcivly. 
Advocates  of  the  abolition  of  capital  punishment  wt  to 
requested  to  shift  their  sympathies  from  the  mur- 
derer to  the  murdered.  Letting  them  rest  there  for 
but  a  single  moment,  if  they  arc  the  humanitarians 
they  profess  to  be,  they  will  say  that  the  venomous 
rei)tiles  of  society  should  be  exterminated,  as  scttK  is 
exterminate  rattlesnakes  and  grizzly  bears.  Humano 
justice  will  punish  severel}'',  for  severe  justice  is  the 
most  humane.  And  not  only  this,  but  it  will  seek  to 
fiave  the  otherwise  lost;  it  will  cast  down,  but  it  will 
likewise  lift  up. 

To  the  new  order  of  things  in  this  heterogeneous 
civilization  the  old  worn-out  machines  of  eastern 
traditions  were  ill  adapted.  Stronger  and  better  fitted 
wheels  of  swifter  velocity  were  requisite  to  keep  jiaoe 
with  the  new  jurisprudence.  Men  tire  of  watch  in;,' 
each  other,  of  hiring  their  fellows  to  peranibulato 
streets  with  bludgeons  ready  drawn  for  the  hamnier- 
ing  of  refractory  humanity,  of  watching  political  parties 
in  belligerent  attitudes  snarling  and  glaring  at  eaeli 
other  lest  one  shall  steal  more  than  its  share.  ]  t  was 
not  the  people  immediately  who  were  responsible  for 
it,  but  government,  law,  and  law  officials;  yet  after  all 
it  was  the  people.  The  moralities  of  mankind,  like  the 
moralities  of  nature,  are  pure  and  peaceable,  an<l  the 
masses,  as  a  rule,  are  right.  As  a  rule  their  law  is 
nature's  law,   God's  law.     No  more  can  the  llower 


MORAL  SCRUBBING.  JHl 

tluivc  while  nursing  in  its  bosom  the  envenomed  worm 
tliuii  can  society  jn'osper  under  customs  oppugnant  to 
nattiic's  laws.  For  crime  we  are  indebted,  first  to 
ciiiiiiiiiils,  the  abnormal  element  of  society,  the  igno- 
aiit,  vicious,  will'ully  wicked;  next,  to  statesmen,  gov- 
t'liiors,  judges,  lawyers,  those  who  subsist  on  the  labors 
of  till'  peo])le,  pretending  to  punish  vice,  but  in  their 
sdtish  counsels  as  often  fostering  vice  as  punishing 
it;  and  last  of  all,  the  people,  for  permitting  such  things. 
Out  of  an  ignorant,  irrational,  or  brutal  society 
tlurc  does  not  spring  a  wise  and  humane  government. 
Wicked  men  do  not  select  their  leader  for  his  virtuous 
(|ualities.  A  good  man  will  not  accept  office  obtained 
tliioiigh  that  hypocrisy  and  lying,  that  rousing  of 
(kccitlul  hopes  and  fostering  of  senseless  prejudices 
necessary  to  his  election.  Nor  is  it  in  man,  least  of 
all  in  kings,  but  in  nature  only,  that  we  may  look  for 
iiL>;iit  or  might  divine.  To  nature  we  must  go  for  lav.', 
for  learning,  for  intellectual  as  well  as  for  physical  food. 

So  these  popular-tribunal  men  concluded  to  work 
away  for  a  brief  space  lustily,  and  give  the  city  a 
moral  scrubbing.  Thus  far  the  people  were  satisfied 
with  their  leaders,  and  were  content  to  follow  and 
(»l»ey  these  so-called  autocratic  traitors.  Remember- 
ing a  saying  the  Chinese  have,  that  "the  wise  man 
(l(»es  not  speak  of  all  he  does,  but  he  does  nothing  that 
cannot  be  spoken  of,"  they  were  satisfied  to  know  only 
results.  Says  the  Golden  Era  o^  the  2oth  of  May: 
"\Ver(!  this  executive  committee  not  composed  of  the 
most  lospectable  and  honorable  of  our  citizens,  wo 
might  question  the  policy  of  veiling  their  action;* 
from  the  scrutiny  of  the  people  whose  province  it  is  to 
ajjprovc  or  condemn  them."  But  as  they  were  safe  men, 
the  people  did  not  fear  to  trust  them,  the  journal  goes 
on  to  say,  taking  a  quarter  of  a  column  to  say  it  in. 

To  the  destruction  of  the  aeries  of  these  moral 
vultures  the  Conmiittee  then  applied  itself.  A  eom- 
niittee  waited  on  the  city  police  with  an  offer  of  three 


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270 


ARREST  AND  EXILE. 


M  i 


hundred  dollars  for  the  arrest  of  ]McGowan,  and  two 
hundred  dollars  for  the  arrest  of  Wightman,  A  dis- 
clainier  was  ordered  published  in  the  journals  of  tlie 
day  "of  the  intention  of  this  body  to  avail  itsLJC  of 
the  right  of  search,  without  the  permission  of  occu- 
pants of  houses  or  legal  warrants,"  and  no  arrests 
were  permitted  to  be  made  by  members  of  the  Com- 
mittee without  a  warrant  from  the  Executive, 

Prominent  among  the  birds  of  prey  were  I]illy 
Mulligan,  Dan  Alrich,  Bill  Lewis,  Yankee  Sullivun, 
and  others  famous  for  doughty  deeds  perpetrated  in 
defiance  of  law,  and  while  yet  law's  most  kindly  min- 
isters. Every  one  knew  them  to  be  guilty  of  criminal 
acts,  and  yet  the  law  seemed  powerless  to  reach  tlicni. 
Terrorism  was  their  play.  Prominent  in  all  political 
matters,  they  held  the  polls  at  election,  and  often 
attacked,  maimed,  bruised,  and  abused  all  who  ojiposed 
them.  They  levied  black-mail  almost  at  will,  and 
Vvdien  in  drunken  bravado  they  appeared  on  the  street, 
quiet  citizens  were  obliged  to  take  themselves  out  of 
their  way.  And,  indeed,  if  the  law  so  desired,  tlure 
was  little  use  in  arresting  them. 

While  XWQ,  Committee  could  not  conscientiously  dis- 
l)and  leaving  these  social  coyotes  still  prowling  t!ic 
streets,  on  the  other  hand  they  were  resolved  to  inilict 
no  punishment  not  authorized  by  the  courts;  particu- 
larly none  should  be  capitally  punished  who  v\'oul(l  not 
under  the  law  be  subject  to  such  treatment.  And  yet 
this  chronic  criminality  must  be  cheeked.  After  much 
thoughtful  consideration  it  was  determined  to  adopt 
the  plan  of  banishment,  after  trial  and  conviction,  nf 
notorious '.ly  bad  characters  whom  the  hangman  cuild 
not  legally  reach. 

While  the  men  of  law  affected  adoration  for  form, 
the  vigilance  party  believed  in  the  sacredness  of 
human  life.  Thieves  and  murderers  preying  n[ton 
a  people  are  bad  enough,  but  their  doings  are  tar  loss 
injurious  than  the  influence  of  those  who  live  hy 
poisoning  the  fountains  of  social  morality,  and  quoting 


MULLIGAN,  SULLIVAN,  GALLAGPIER. 


271 


tradition  to  sanctify  their  wickedness.  In  order  to 
prevent  the  disintegration  of  society,  the  Vigilance 
Coniniittce  found  it  necessary  to  assume  ..il)sokito 
power;  and  in  the  administration  of  justice  they  re- 
solved to  restrain  the  tendency  toward  excess  which 
characterizes  the  possession  of  unlimited  authority  by 
constitutionally  limiting  its  exercise.  They  confined 
tlie  death  penalty  to  the  crime  of  murder,  and  ad- 
hered to  this  restriction  during  all  their  rule,  although 
tlie  interest  of  justice  at  times  seemed  to  warrant  its 
suspension.  Banishment  was  the  only  punishment 
awaided  the  worst  criminal  against  whom  the  crime 
of  murder  could  not  be  proved.  Banishment  has  a 
seveie  sound;  but  under  the  reijime  of  the  Committee 
it  amounted  to  little  more  than  allowing  the  criminal 
to  select  the  city  to  which  he  would  make  a  j)lcasant 
voyage,  the  association  paying  the  expenses  of  the 
jf)urncv  if  he  had  not  the  money. 

In  most  cases  the  expelled  decided  to  go  to  New 
York,  and  were  furnished  passage  by  the  regular  mail 
steamers.  The  good  accomplished  was  chiefly  in 
luakinL!'  lawless  characters  understand  that  thouLjli 
tliey  might  successfully  defy  the  law,  there  was  in  the 
conmiunity  a  reserved  pow'er  which  was  absolutely 
iriesistible,  whose  grasp  might  on  the  next  occasion 
l)rove  fatal. 

(Jne  night  about  one  o'clock  the  police  were  aroused 
by  one  who  thought  he  had  found  McGowan's  track 
ill  the  vieinitv  of  \Vashin<jton  street.  During  this 
tune  J\'te  Wiijhtman  was  stowed  imdor  Folsom's 
>^tal>h';  and  there  his  ravens  fed  him  until  he  effected 
liis  escape. 

A  eonnnittee  of  five  on  foreign  relations  was  ap- 
pointed to  furnish  transportation  for  those  who  might 
•'■  icfpiested  to  leave  the  state.  Of  all  notorious 
cliaracters  a  list  was  made,  called  the  Black  List,  and 
or(KMs  were  issued  the  25tli  for  the  arrest  of  William 
^lulHgan,  Dan  Aldrich,  Bill  Lewis,  J.  W.  Bagley, 
^lartin  Gallagher,  and  Yankee  Sullivan,  and  next  day 


lll 

wKm 

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I'fPRf 

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■II 

f; 


272 


ARREST  AXD  EXILE. 


tlio  last  three  were  brought  before  the  Committee. 
The  evening  of  the  27th  they  were  tried,  each  on  the 
individual  merits  of  his  case,  and  all  having  their 
counsel,  with  the  privilege  of  summoning  witnesses, 
as  in  trials  for  murder.  And  thereupon  the  followiiv 
resolution  was  passed: 

"  Whereas,  The  evidence  we  have  heard  establishes  conclusively  t'.iat 
Billy  Mulligan,  Yankee  Sullivan,  and  Martin  Gallagher  have  for  yeuis  liceii 
disturbers  of  the  peace  of  our  city,  destroyers  of  the  purity  of  our  cluctions, 
active  members  and  leaders  of  the  organized  gang  who  have  invaded  the 
sanctity  of  our  ballot-boxes,  and  perfect  pests  to  society ;  therefore 

"  Uesoh'ed,  That  William  Mulligan,  Yankee  Sullivan,  and  Martin  Gallaglier 
be  transported  out  of  the  territory  of  the  United  States  at  the  earliest  practi- 
cable nioment,  and  that  they  be  warned  never  to  return  to  California,  uuder 
penalty  of  death. " 

Orders  were  then  issued  for  the  arrest  of  Billy  Carr, 
Woolly  Kearny,  Jim  Burke,  and  J.  P.  Hickey;  and 
on  the  30th  the  two  first  named  were  in  like  manner 
sentenced  to  exile.  Dan  Aldrich  was  discovered  soon 
after  with  his  inamorata,  secreted  in  Sacramento.  A 
new  order  was  issued  for  his  arrest,  and  also  for  tliat 
of  Edward  Bulger. 

She  M'ho  called  herself  Mrs  Sullivan  sighed  to  see 
her  husband  in  words  like  these : 

««May29,  ISdG. 
"Dear  James: 

"I  take  my  pen  in  hand  to  write  those  fue  lines  to  you  for  I  do  not  no  wot 
to  do  for  I  have  not  got  one  cent  in  the  world  and  theay  will  not  let  me  cdtiie  in 
to  see  you  I  have  been  three  times  to  sec  if  they  would  not  let  mo  in  to  see 
you  ;  Dear  James  how  arc  I  to  folow  you  When  thay  Seand  yon  A  \\'iiy  My 
heart  is  almost  broke  Aboute  you  I  wishe  you  to  write  me  a  fue  linos  nut  su 
that  I  can  no  wot  to  do    I  will  wate  wile  youe  rite  me  a  fue  lines 

"  So  no  More  at  preasent  from  your  Affectionate  Wife  untill  Deatli, 

"Emily  Mary  Sullevav." 

Suddenly  in  the  midst  of  these  engagements  tlie 
Committee  was  shocked  by  the  announcement  of 
an  officer  of  police  that  Yankee  Sullivan  had  com- 
mitted suicide  in  his  cell.  An  extra  session  of  the 
Executive  was  immediately  called  and  the  matter 
investigated. 

It  appears  that  about  six  o'clock  Saturday  morning, 


SUICIDE  OF  SULLIVAN. 


279 


the  31st  of  May,  Sullivan  called  the  guard  and  re- 
quested a  drink  of  water.  He  then  related  a  horrible 
tlrcam  from  which  he  had  just  awakened.  He  thought 
he  had  been  condemned  to  die;  that  the  last  rites  of 
religion  performed,  he  had  been  seized  and  pinioned 
by  the  guards,  taken  from  his  cell,  led  to  the  fatal 
window,  where  the  rope  was  adjusted  round  his  neck; 
then,  placed  on  the  platform  before  the  deriding 
crowd,  the  trap  was  sprung,  and  in  the  fancied  agony 
of  the  last  awful  struggle  he  awoke.  He  was  greatly 
excited.  So  strong  a  grasp  upon  his  fevered  brain  had 
the  terrible  fancy  taken  that  he  could  not  drive  it 
hence.  The  guard  sought  to  pacify  him,  told  him 
there  was  no  danger  of  his  being  hanged,  that  at  the 
worst  he  would  only  be  expelled  from  the  country,  and 
that  in  another  land  he  could  reform  and  lead  a  life  of 
virtuous  industry.  The  unhappy  man  took  the  water 
oft'ercd  him  apparently  relieved.  But  when  two  hours 
after  the  guard  entered  the  cell  with  the  prisoner's 
breakfast  ho  found  him  lying  on  his  back  upon  the 
betl  in  a  pool  of  blood,  with  a  frightful  gash  on  the 
inside  of  the  left  elbow,  dead.  He  was  dressed  in 
pantaloons  and  shirt,  and  near  him,  red  with  gore,  lay 
the  knife  which  he  used  to  cut  his  food.  The  bodv 
was  given  to  the  coroner. 

Tlio  cause  of  the  melancholy  event,  it  was  thought, 
was  the  denial  of  stimulants  to  which  the  prisoner  was 
almost  momentarily  accustomed.  It  was  shown  that 
drunkenness  was  his  normal  state,  from  fifty  to  eighty 
drinks  a  day  being  his  customary  indulgence;  and 
when  after  incarceration  tea  and  coffee  were  substi- 
tuted, his  nervous  system  sank,  circulation  became 
j^higgisli,  and  his  mind  gloomy.  This  lesson  to  the 
Conunittec  proved  profitable  to  the  drinking  pro- 
chvitics  of  the  remaining  prisoners,  who  lest  they 
siiould  droop  and  kill  themselves  were  ordered  full 
rations  of  spirits.  The  enemies  of  the  association 
were  not  backward  in  raising  accusations  of  foul  play 
against  the  Committee,  accusing  them  of  murdering 

Pop.  TaiD.,  Vol.  II.    18 


Sir; 


274 


ARREST  AND  EXILE. 


Sullivan  in  his  cell,  and  like  absurdities  which  are 
not  worthy  of  refutation. 

Sullivan  was  an  English  prize-fighter.  The  appel- 
lation 'Yankee'  was  given  him  from  wearing  in  one 
of  his  great  fights  a  handkerchief  with  the  Anieiicaii 
flag  painted  on  it.  He  was  a  Sydney  convict  wlio  had 
escaped  to  New  Zealand.  There  was  no  thought  on  the 
part  of  the  Committee  of  punishment  more  severe  than 
a  free  passage  to  wherever  he  wished  to  go  out  of  the 
United  States.  Some  said  that  he  was  slain  in  resist- 
ing his  guard,  but  even  the  Herald  declares:  "We 
dismiss  as  entirely  unworthy  to  be  entertained,  that 
the  man  has  been  assassinated." 

Shortly  before  his  death  Sullivan  made  a  confession, 
which  brought  to  light  some  startling  developments  in 
regard  to  frauds  at  the  Presidio  polls.  The  publiia- 
cation  of  portions  of  the  confession,  with  the  names  of 
the  individuals  mentioned  left  blank,  was  autlioiized 
by  the  executive  committee,  and  appeared  in  the 
journals  of  June  2d.  This  confession  was  to  the  Com- 
mittee of  185G  what  the  confession  of  Stuart  was  to 
the  Committee  of  1851.  It  introduced  the  crinie- 
crushers  at  once  to  the  mysteries  of  the  ring,  and  gave 
them  the  cue  to  the  campaign.  As  the  confession  is 
lengthy  I  can  give  only  a  summary  of  it : 

The  September  previous  Sullivan  lived  at  the  Pre- 
sidio House,  on  the  road  to  the  fort.  Election  was 
held  there,  and  the  ballot-box  for  that  precinct  was  ]ve]it 
in  the  hotel.  Sullivan  was  one  of  the  judges  of  eleetion. 
On  the  morning  of  election  day  the  agent  of  one  of  the 
candidates  rode  up  and  offered  him  five  hundred  dollars 
to  bring  in  a  majority  for  his  friend,  the  money  to  he 
paid  after  election.  The  clerk,  satisfied  with  the  otter, 
proceeded  to  write  out  on  the  spot,  and  before  thu 
balloting,  the  return  of  the  candidate;  but  Sullivan, 
knowing  the  man  would  not  pay,  declared  himself 
incorruptible,  and  tore  up  the  returns. 

Another  candidate  offered  three  hundred  dollars  for 
an  election.     This  one  was  good  pay,  for  he  held  the 


CHARLES  P.  DUANE. 


275 


niono}'  In  his  hand,  but  ho  had  treated  Sullivan  badly 
ill  1850,  and  he  should  not  have  the  office  at  any  price. 
Then  lie  goes  on  to  say  who  bought  of  him  an  election, 
at  what  time  in  the  day,  and  how  much  was  paid  for 
it.  One  office  was  sold  for  one  hundred  dollars,  that 
is  to  say,  so  far  as  that  precinct  was  concerned,  and 
anotlicr  for  five  hundred,  for  which  Sullivan  never 
iLCcivcd  anything.  Thus  he  went  on  at  length  de- 
scribing corruptionists,  exposing  fraudulent  schemes, 
and  fighting  his  battle  over  again  until  to  the  light 
wore  spread  systems  and  series  of  villainies  unparal- 
leled in  republican  governments. 

And  now  from  his  tomb  in  the  cemetery,  near  the 
old  adobe  church  of  Mission  Dolores,  the  stone  that 
marks  his  resting-place  cries  daily  and  nightly  unto 
(}()(!  for  forgiveness  on  his  enemies.  Exceedingly 
charitable  and  Christian  of  the  tombstone  1 

Charles  P.  Duane,  surnamed  Dutch  Charlie,  late 
chief  engineer  of  the  fire  department,  was  arrested  on 
Sunday,  the  1st  of  June,  and  placed  in  garrison. 
Quito  a  little  commotion  was  occasioned  by  this  ar- 
rest. Charlie  was  always  fond  of  a  fracas.  He  was 
in  the  saloon  of  Fiske  and  Loring,  on  Clay  street,'  at 
the  time,  when  a  vigilant  officer  entered  and  notified 
him  of  his  errand.  Duane  dropped  his  dignity,  flung 
aside  his  bravado,  felt  his  courage  flying  in  every  di- 
rection into  space:  *'0  troublous  times  I"  he  sighed; 
"whore  shall  the  wicked  find  rest?"  Thereupon,  as 
if  in  an  answer  to  an  inspiration,  he  lifted  up  his 
heels  and  ran  for  the  police  office.  Darting  through 
an  alley  leading  to  Merchant  street,  at  the  end  of  it 
ho  encountered  a  body  of  armed  men,  who  seized  him. 
Duano  made  a  desperate  effort  to  shake  them  off,  and 
shouted  loudly  to  the  police,  but  all  in  vain.  Several 
of  his  friends  were  standing  by  at  the  time,  but  none 
of  them  interfered.  They  were  learning  discretion. 
Meanwhile  the  triangle  struck  three  times;  the  guard 
was  doubled,  the  cannon  made  ready,  and  mounted 


278 


ARREST  AND  EXILE. 


men  were  stationed  in  the  streets.    But  all  passed  off 
quietly. 

Notice  in  words  like  the  following  was  served  on 
the  banished  either  in  writing  or  verbally.  The  ex- 
ample given  is  from  a  genuine  document : 

"Executive  Committee  Chambers,        ) 
San  Francisco,  6tlv  June,  I806.  / 
"James  Cusick: — 

"  Sir:  The  Committee  of  Vigilance,  after  full  investigation  and  ilcliljer 
tion,  have  declared  you  guilty  of  being  a  notoriously  bad  character  ami  dan- 
gerous person,  a  disturber  of  the  peace,  a  violator  of  the  purity  and  iiit(.'i,'iity 
of  the  ballot-box,  and  have  accordingly  adjudged  the  following  sentuncu : 

"That  you,  James  Cusick,  leave  the  state  of  California  on  or  l)efi)ie  the 
twentieth  day  of  June  1856,  never  to  return,  under  the  severest  penaltiis. 

"In  witness  whereof,  the  seal  of  the  Committee  of  Vigilance  is  hereunto 
attached.    By  order  of  the  Committee. 

[seal]  "No.  33,  Secretary." 

Rodman  Backus,  the  murderer  of  Oldman,  as  we 
have  seen,  was  only  too  happy  to  escape  the  city. 
After  undergoing  the  forms  of  a  trial,  and  threading 
the  labyrinth  of  law,  assisted  by  the  usual  technicali- 
ties, subterfuges,  and  quibbles,  he  succeeded  in  quieting 
justice  by  a  conviction  of  manslaughter  and  a  sentence 
to  two  and  a  half  years  in  the  state-prison,  and  tliieo 
thousand  dollars'  fine.  For  an  aggravated  case  of 
deliberate  murder,  one  would  think  this  would  have 
satisfied  him.  Not  so.  In  his  opinion  the  law  ^\'a.s 
very  unreasonable  to  punish  him  at  all.  So  he  ap- 
pealed to  the  supreme  court,  and  was  in  a  faii*  way  of 
soon  being  set  at  liberty.  This  was  before  the  killing 
of  King.  Witnessing  the  uprising  attending  this  and 
subsequent  tragedies.  Backus  was  led  to  believe  that 
murder  was  becoming  unfashionable  in  San  Fran- 
cisco, and  that  a  murderer  was  safer  between  good 
brick  walls  than  when  mingling  with  such  unreason- 
able and  excited  men.  Consequently  he  withdrew  his 
appeal;  atid  never  did  convict  more  earnestly  or 
honestly  beg  permission  to  serve  his  term  than  did 
Backus.  Ohl  blessed  walk  of  San  Quentin,  through 
whose  window  comes  the  soft  wood-scented  air  of  San 


BILLY  CARH. 


}  <}\ 


riaHul,  or  tlic  sterner  passioned  ocean  wind  fi'.::i 
loiiiid  Tanialpais,  to  the  hunted  murderer  thy  ojMjn 
i;;it(;  was  as  the  gate  of  heaven  through  which  might 
bu  seen  the  eternal  courts  of  rest  I 


Billy  Carr  kept  a  Whitehall  boat.  His  occupation 
was  to  convey  })assengers  to  and  from  vessels  lying  in 
the  harbor.  This  gave  him  regular  exercise,  and  kt'pt 
the  muscles  of  his  arm  in  good  condition  for  striking 
i'loiii  the  shoulder.  Carr  was  king  of  the  wharf-i-ats. 
I >ut  he  aspired  to  something  higher;  the  as^nrations 
of  his  genius  gave  him  no  rest.  Dray  drivers  had 
1  of* lie  now  been  seated  in  the  gubernatorial  chair, 
]  ill  lips  had  been  placed  on  the  supremo  bench,  and 
blackguards  sent  to  congress;  why  should  not  he,  an 
able  and  honest  boatman,  become  great  like  the  others  ? 
So  he  determined  to  turn  a  patriot.  He  would  serve 
his  country,  lay  down  his  life  for  her  sacred  institu- 
tions, if  necessary,  and  be  held  in  grateful  remem- 
hiaiice  ever  after.  He  began  in  an  humble  way  as 
early  as  1852  or  1853,  as  convention  delegate,  d(jhig 
list  duty  at  elections  and  burning  his  midnight  oil 
over  the  intricacies  of  ballot-box  machinery.  One 
(lay,  it  was  the  28th  of  May,  1856,  about  three 
0  clock  in  the  afternoon,  Billy  was  taking  his  cus- 
tomary constitutional  at  a  wxll  known  political  bar- 
I'ooiii  on  Pacific  street,  when  a  man  entered  and 
approached  him. 

•'  ]\[ay  I  have  a  word  with  you?"  he  asked. 

Xow  if  there  was  anything  Billy  despised  it  was  to 
be  disturbed  in  his  potations ;  and  to  be  disturbed  by 
a  stranger,  by  a  respectable-looking  stranger,  in  such 
tlinus  as  these — to  be  requested,  by  one  who  apparently 
know  him,  for  a  word  in  private — Billy  didn't  like  it. 
lie  jidgcted  and  felt  uncomfortable,  and  the  vision  of 
that  first-ward  ballot-box,  of  which  he  was  inspector, 
and  which  on  election  night  contained  a  third  more 
tickets  than  there  were  voters  in  the  ward,  flashed 
across  his  brain. 


278 


ARREST  AND  EXILE, 


"What  do  you  want?"  said  Billy  in  n  gruff,  docroifi 
tone,  with  apparently  no  intention  of  leaving  the  l»ar. 

"  I  want  you  to  go  with  mo,"  replied  the  man, 
giving  him  an  earnest,  meaning  look  full  in  the  eye. 

Billy  understood  it  perfectly;  but  surrounded  liv 
his  friends,  and  seeing  Ijut  one  man  who  so  persistently 
desired  his  company,  he  began  to  argue  and  to  bully, 
when  the  messenger  interrupted  him. 

"  Wo  will  not  waste  words,"  ho  said;  "you  arc  wnnt(Hl 
nt  the  executive  committee  rooms.  Twenty  armed  nun 
are  at  the  door.  If  you  will  go  without  disturbaiicc, 
well;  if  not " 

Billy  went. 

Bright  were  the  faces  on  IMontgomcry  and  Front 
streets  when,  on  the  morning  of  the  Gtli  of  June, 
it  was  known  that  the  day  previous  an  important 
sljpnient  of  scoundrels  had  been  effected  by  tlu; 
A'igilance  Connnittec.  Joy  beamed  on  every  roiin- 
tenance,  and  tlie  sun  seemed  brighter  and  the  air 
])urer  since  the  withdrawal  of  their  hateful  presence. 

Six  of  them  there  were  in  this  gang;  and  that  their 
law  and  order  friends  might  not  be  disturbed,  a  httio 
ruse  was  practised  by  the  Committee,  which  eileeted 
their  embarkation  with  the  utmost  quietness  and  de- 
spatch. It  had  leaked  out  in  someway  that  the  eells 
of  the  Committee  rooms  were  to  be  emptied  that 
morning,  and  as  the  law  and  order  party  had  been 
specially  active  of  late,  many  thought  there  would  1)u 
fiixhtiniif;  so  that  when  the  hour  arrived  the  front 
windows  of  the  Committee  rooms  looked  out  on  a 
dense  mass  of  excited  human  beings. 

This  would  not  do.  It  was  impossible  to  tell  ef 
what  material  that  crowd  was  composed.  A  I'ailuro 
or  mistake  now  might  seriously  mar  their  work  and 
destroy  their  further  usefulness.  The  hour  arrived. 
Six  cutthroat  looking  men,  with  slouched  hats  half 
concealing  their  villainous  features,  were  br()iii,dit 
down  the  front  steps  by  a  strong  guard  and  marched 


CHIVALROUS  VILLAINS. 


279 


oft'  to  Vullcjo-street  wharf.  As  a  matter  of  course,  the 
crowd  followed;  the  streets  round  the  Committee 
building  were  completely  emptied,  and  a  Sabbath 
stillness  pervaded  the  neighborhood.  Arrived  at 
tlio  foot  of  Vallejo  street,  on  perceiving  no  boat 
ill  readiness  the  crowd  became  critical,  and  thought 
the  managers  of  the  affair  had  bungled  it.  They 
were  becoming  impatient  of  the  delay,  when  the 
wheezy  little  old  tug  Hercules  hove  in  sight,  coming 
from  the  direction  of  Rincon  Point.  "She'll  fix 
'em,"  said  one.  But  the  tug  passed  on  toward  the 
Golden  Gate  without  stopping,  only  some  thought 
they  detected  signals  between  a  strange-looking  party 
oil  board  and  the  prisoners'  guard  on  shore.  As  the 
tug  rounded  Cark  Point,  the  guard  with  a  broad 
gi  in  unbound  their  prisoners  and  let  them  go.  These 
wore  not  the  real  villains;  they  wore  six  good  vigil- 
iuits  transformed  with  no  small  difficulty  into  tcra- 
j)(»rary  scoundrels  for  the  purpose  of  drawing  the 
liorror-lmngry  populace  from  the  scent.  As  soon  as 
the  joke  \vas  comprehended,  something  between  a 
cliccr  and  a  groan  burst  from  the  crowd,  which  ir- 
stLiiilly  uioltcd  into  the  several  streets  leading  from 
that  locality. 

They  were  right,  those  who  fancied  some  signifi- 
cance in  the  signals  between  the  tug-boat  and  the 
shore;  for  no  sooner  had  the  streets  round  the  Com- 
inittou  rooms  been  cleared  by  the  manoeuvre  than  the 
true  prisoners  were  brought  out  by  a  back  passage, 
brought  out  so  secretly  that  the  guard  at  the  front 
]ias.sage  knew  nothing  of  it,  and  quietly  put  on  board 
tho  Jlcrcules,  ready  and  waiting  with  steam  up.  Then 
they  were  off  in  an  instant.  Three  of  the  immortal 
six,  Billy  Carr,  Martin  Gallagher,  and  Edward  Bulger, 
were  placed  on  board  the  bark  Yankee  and  sent  to 
the  Sandwich  Islands.  The  other  three,  Charles  P. 
Duane,  William  Mulligan,  and  Woolly  Kearny,  the 
tug  retained  until  the  mail  steamer  Golden  Age 
stopped  just  inside  the  heads,  and  they  were  shipped 


ARREST  AND  EXILE. 


for  Panamd.  Duane  and  Mullij^an  ranked  amonj^  tlio 
aristocracy  of  crime.  They  objected  to  beinj^  classed 
in  the  same  category  as  that  of  Kearny,  who  was  a 
common  thief  Very  free  was  Duane  with  inditrnant 
bravado,  swearing  as  they  hoisted  him  up  the  steam- 
er's side  that  he  would  yet  return  and  be  aveiii^'ed. 
Mulligan  was  sad  at  heart,  and  penitent  withal.  "  I 
know,"  he  said  to  one  of  the  guard,  "that  my  punish- 
ment is  just.  I  deserve  it,  and  more.  I  find  no  fault 
with  the  Committee.  They  are  all  respectable  gentle- 
men, and  are  acting  rightly,  and  they  ought  not  to 
stop  with  what  they  have  done.  There  are  a  hundred 
others  as  bad  as  I,  that  deserve  the  same  treatment. 
There  is  not  an  officer  in  the  city  or  county  of  San 
Francisco  who  is  legally  elected.  They  are  all  thieves 
from  the  mayor  down,  and  should  be  driven  I'lom 
office.  I  shall  hope  to  hear  that  they  have  all  been 
made  to  resign." 

Before  the  sailing  of  the  steamer  of  the  20tli  of 
June  the  Vigilance  Committee  rooms  were  trans- 
formed into  a  picture  gallery.  An  artist  was  engaged 
by  the  Committee  to  daguerreotype  the  faces  of  the 
prisoners,  that  their  likenesses  might  be  sent  with 
them  to  the  chiefs  of  police  of  other  countries,  tliat 
they  might  be  on  their  guard.  Some  of  the  niort;  ill- 
favt)red  objected,  and  intent' inally  changed  position 
while  undergoing  the  inflicticn,  thus  spoiling  several 
sittings.  Finally,  warned  by  their  guard  that  unless 
they  were  tractable  a  w^orse  fate  would  befall  them, 
they  submitted.  Dan  Aldrich  w^as  arrested  on  the 
niglit  of  the*22d  of  June. 

About  one  o'clock  on  the  8th  of  July  Chris.  Lilly, 
a  noted  pugilist  of  San  Mateo  celebrity,  was  standing 
in  front  of  the  Cosmopolitan  saloon,  on  Montgomery 
street,  when  a  member  of  the  vigilant  police,  having  a 
detachment  of  men  at  his  call,  approached  him  and 
requested  his  presence  at  the  Committee  rooms.  Chris. 
said  he  would  go,  but  he  did  not  want  a  crowd  at  liis 
heels.     Accordingly  he  was  marched  quietly  down  to 


THE  BLACK  LIST. 


231 


Sacramento  street  and  placed  in  one  of  the  rooms 
vacated  by  one  of  the  recently  exiled.  Two  dayn  after, 
on  ^Mviiig  the  Committee  satisfactory  assurances  that 
In;  would  leave  on  the  steamer  followini^,  his  liberty 
was  oiven  him  that  he  might  attend  to  some  business 
be  tore  quitting  the  country  forever. 

Th<!  Committee's  black  list  on  the  20th  of  June, 
Olio  montii  after  the  death  of  James  King  of  William, 
stood  thus: 

James  P.  Casey  and  Charles  Cora,  executed; 
Fiancis  Murray,  alias  Yankee  Sullivan,  connnitted 
suicide;  Charles  P.  Duane,  William  Mulligan,  and 
Woolly  Kearny,  shipped  on  board  the  Golden,  /hjr; 
Billy  Carr,  Martin  Gallagher,  and  Edward  Bulger, 
sLiit  to  the  Hawaiian  Islands.  Jim  Burke,  alias 
Activity,  Pete  Wightman,  Ned  McGowan,  and  Jiui 
White,  ran  away;  John  Crowe,  took  passage  '  ;  the 
Sonora;  Bill  Lewis,  Terence  Kelly,  John  Lawler, 
T.  H.  Cunniiigiiam,  Alexander  Purple,  James  Hcii- 
iicssey,  Tom  Mulloy,  Frank  Murray,  Jack  ^McGuirc, 
William  Hamilton,  and  Philander  Brace,  shipped  on 
the  Sierra  Nevada. 

J.  W.  Bagley  and  James  Cusick  were  ordered  to 
leave,  but  refused  to  obey.  The  latter  fled  to  Sacra- 
lueiito  and  took  refuge  under  gubernatorial  wings. 
The  expatriated  three  by  the  Golden  Age  were  steer- 
age ]>assengers,  but  Duane  was  taken  from  his  humble 
(|uarters  by  ex-goveruor  McDougal,  who  shared  with 
liiin  his  state-room  and  treated  him  with  distinguished 
consideration. 

xVbraham  Craft  was  arrested  the  21st  of  July  in  a 
gaiiiing-liouse,  next  to  Maguire's  old  opera  house,  by 
Duikee.  Craft  was  a  short-card  thief  and  a  bad 
fellow  upon  principle.  William  McLean,  whilom  a  city 
official,  was  arrested  the  same  day.  Once  when  judge 
of  election  at  the  Presidio  precinct,  McLean  altered 
his  leturns  on  the  way  to  the  city  hall,  making  him- 
ijclf  supervisor. 

Xotice  was  given  J.  D.  Musgrove,  fo/merly  super- 


282 


ARREST  AND  EXILE. 


visor,  and  the  third  holding  a  scat  in  that  body  from 
precincts  outside  the  city  hniits  who  had  been  exptlled 
by  the  Committee,  was  notified  on  the  28th  of  August 
over  the  signature  *No.  33,  Secretary,'  to  leave  tho 
state  on  or  before  the  20tli  of  September,  or  subject 
himself  to  the  usual  penalty. 

Mike  IJrannagan  was  a  ballot-box  stuffer  and  a  bad 
character  generally.  He  drove  a  hack,  and  his  stand 
was  on  the  Plaza.  His  arrest  was  made  by  John  L. 
Durkee,  being  his  first  job  after  leaving  the  city  jxdice 
and  joining  the  vigilants.  In  making  arrests,  as  in 
everything  else,  thei'C  arc  hard  wayn  and  easy  ways. 
Durkee  chose  the  easiest  way;  and  being  a  nuui  of 
sense  and  discretion,  he  knew  tho  easy  way  when  lie 
saw  it,  which  not  all  men  do  know.  He  thought  it 
one  to  justice  and  mankind,  when  vigilance  Muiitod 
]\Iike,  whether  vigilance  should  go  to  Mike  or  ]\Iiki' 
should  come  to  vigilance.  Mike's  stand  was  opjjoisito 
the  police  prison,  the  rogues'  haven  of  rest,  witli  its 
attendant  ministering  spirits.  The  American  lIotL'l 
was  just  round  the  corner  from  Fort  Vigilance.  To 
ro(|Uest  ]\Ir  Todd,  a  respectable  young  married  man, 
to  engaofe  Mike  to  call  at  the  hotel  to  drive  his  wife 
to  the  steamboat,  was  a  quiet  way  of  bringing  ^like 
away  from  the  moist  airs  of  the  police  into  the  lighter, 
drier,  and  more  wholesome  atmosphere  of  vigihince. 
Mike  departed  by  the  Sonora  the  15th  of  August; 
Craft  and  McLean  by  the  Gulden  Age  the  21st  of 
July;  Chris.  Lilly  by  the  Sierra  Nevada  the  loth 
of  August. 

They  of  the  flush  times  would  have  their  praetii  d 
jokes,  no  matter  how  serious  the  business  in  wliieh 
they  were  enjxaijed.    One  night  there  was  an  arrest  to 

•  "111 

be  made.  The  order  was  written  out  and  signed  I  >y  the 
terrible  symbol  '  Xo.  33,  Secretary,'  when  Ijossangt! 
bogged  ct)mniand  of  tho  party.  It  so  happened  that 
Bluxome  was  indebted  to  Bossange  for  some  jiiank 
phiyed  on  him,  and  the  former  thought  it  time  to 


SHOT  BY  A  WOMAN. 


2S3 


]:(|Mi(latc.  Bossangc,  being  a  Frenchman,  was  not  so 
familiar  with  Cahfbrnian  Enghsh  as  with  that  found 
in  ]M>|inlar  plirase-books;  though  bar-room  idioms  were 
usually  not  the  last  for  foreigners  to  learn. 

"All  light,"  said  Bluxome,  as  he  filled  the  blank  in 
till'  mder  with  the  name  of  his  friend  Bossange,  "all 
riolit;  the  man's  name  is  Toddy.  He  is  usually  seen 
Liatiiig  at  the  bar-room  of  the  Union  Hotel." 

^Icanwhile  Bluxome  notified  the  barkeeper,  who, 
it  happened,  was  a  personal  friend  of  Bossange,  Put- 
tiiiu'  oil  an  air  of  nonchalance  deemed  necessary  in 
tiajipiiig  keen-scented  game,  Bossange  strolled  up  to 
thr  liar,  his  men  all  alive  in  their  watch  at  the  door. 

"  1  want  one  Toddy,"  whispered  Bossange. 

'•  CVrtainly,"  replied  the  barkeeper,  "which  will  you 
liavi',  brandy  toddy  or  whiskey  toddy?" 

One  night  an  expedition  under  Captain  Burns  was 
stilt  to  arrest  Cunningham,  coffin  and  ballot-box 
stulltr,  wlio  once  attempted  to  join  the  Committee. 
Aiiiniig  the  vigilants  was  a  Dutchman  weighing  two 
huiidivd  and  fifty  pounds.  The  arrest  was  pi-operly 
iiiadr,  though  not  without  resistance,  and  the  cormo- 
laiit  carried  off;  but  as  the  ca[)tors  were  descending 
tlic  stairs  the  female  of  the  premises  fired  at  tlu>m  a, 
sli( )t  whicli  took  effect  in  the  Dutchman's  back.  Taken 
to  the  Connnittee  rooms,  the  suffert"  was  laid  out  on 
a  ialilc  face  downward.  As  the  surgeon  stood  over 
him  hiandishini^  his  carvinij^-knife,  the  victim,  nothing 
intimidated,  turned  up  his  fat,  flabby  face  and  remai'ki'd 
to  the  doctor,  "I  wouldn't  care  a  danm  alxnit  it  if  I 
liadu't  been  shot  in  the  back,  and  that  by  a  woman!" 


I 


!- 


m 


■ 


i'  •■ ' 


\ 


|M 


■m 


I 


CHAPTER  XVI. 

DECLARATION    OF   WAR. 

Ccthcgus,  Catiline!  whose  ancestors 
Were  no))ler  born,  were  hi;,'Iier  ranked,  than  yours? 
Yet  ye  conspired,  -with  more  tlian  (iallic  hate, 
To  wrap  in  michiight  flames  this  helpless  state, 
On  men  and  gods  your  barbarous  rage  to  pour, 
And  deluge  Rome  with  her  own  children's  gore. 

Juvenal. 

When  so  good  a  man  as  General  Sherman,  n  man 
so  full  of  noble  qualities,  and  afterwards  occupying'  sn 
warm  a  place  in  the  hearts  of  his  countr^'incn — wIkh 
such  a  one  scatters  abroad  loose  statements  involviiio' 
the  good  name  of  other  good  men,  we  should  perhaps 
show  more  charity  to  exasperated  southern  chivahv. 

At  the  request  of  Justice  Field,  of  tlie  United 
States  supreme  court,  General  Sherman  wrote  IVoiii 
St  L(niis,  the  25th  of  February  18G8,  a  letter  detail- 
ing his  Californian  experience  of  185G,  which  was 
piiblislied  in  the  Overhuid  MontJdji  o{  February  J  874, 
and  reproduced  in  substance  in  his  Memoirs.  This 
document  abounds  in  incongruities  and  misstatements, 
a  few  of  which  I  will  point  out:  Among  otlier  thiiiLjs, 
lie  asserts  that  without  a  standing  army  the  xVuifrioaii 
jK'oph!  would  become  a  mob,  which  langUtige  many  of 
Jiis  best  friends  would  dissent  I'rom.  Surely  if  dlcii- 
eral  Sherman  had  considered  for  a  moment  he  newr 
■would  have  placed  a  free  people  in  the  anomalous 
position  of  holding  over  themselves  a  guard  of  hiivtl 
.soldiers  to  keep  themselves  from  insurrection!  Least 
of  all  do  the  American  people  i-equire  so  to  keu|» 
themselves.     Was   it  a  mob  General   Sherman  led 

(284) 


SHERM^VN'S  LOGIC. 


285 


throui^h  Georgia?  Do  the  transactions  of  the  Vigil- 
ance Committee  of  185G,  as  recorded  in  these  pages, 
read  like  the  doings  of  a  mob? 

Hu  states  further  that  James  King  of  WiUiam 
"turned  against  his  old  associates"  when  he  exposed 
tlia  rascality  of  I.  C.  Woods,  and  Adams  and  Com- 
pany, "and  against  Woods  especially,  who  by  public 
clamor  became  alarmed  for  his  personal  safety  and 
escaped  the  country."    Now  no  one  knew  better  than 
SIk'iiiuiu  that   King  was  a  single-minded  man   and 
AVoods  a  trickster.     If  circumstances  should  throw 
the  ooncral  unwittingly  among  thieves,  would  he  call 
it  turning  against  his  old  associates  when  he  exposed 
thoni '.     Besides,  who  ever  heard  of  an  honest  man  in 
America   becoming  alarmed  for  his  personal  safety 
and   escaping  a  country  to  get  away  from  a  news- 
paper:'    Again  he  affirms,  "a  war  grew  up  between 
these  two  evening  papers  and  their  editors.  King  and 
Casey."     This   is  not   true.     There  never  was  war 
between  the  papers.    King  exposed  Casey  for  stuffing 
tlie  Ijallot-box  which  made  him  supervisor.    He  never 
cared  a  fig  for  Casey  or  his  paper.     Three  lines  after, 
Sherman  says:  "King  sent  to  New  York  and  prepared 
tlie  record  of  a  case  in  which  Casey  had  been  con- 
victed of  robbing  the  room  of  his  mistress."    King  did 
not] ling  of  the  kind.      A  member  of  Casey's  own 
party,  with  whom  he  had  quarrelled  and  exchanged 
l»istol-shots  at  a  primary  election,  procured  the  evi- 
dence against  Casey,  as  we  have  seen.    Sherman  goes 
on  to  say  that   *'  King  treated  him  rudely,"  as  if  that 
excused  Casey  in  killing  him.     If  it  did  not,  it  being 
"no  unusual  thing  at  that  time"  for  one  man  to  shoot 
auotlier  surely  would  exculpate  him.     "Casey  then 
told  him  he  would  shoot  him  on  sight."     Casey  told 
him  nothing  of  the  kind;  there  were  two  listeners  to 
the  conversation  in  the  adjoining  room,  and  we  know 
what  King  said.     King  "started  for  his  dwelling  on 
Stoekton  street,"  continues  this  veracious  writer.    Mr 
King  lived  on  the  corner  of  Mason  and  Pacific  streets. 


■IS  ; 


i! 


K 


'f 


I*  91  ^ 


■ft 


,^ 


f   If 


m 


286 


DECLARATION  OF  WAE. 


Next  arc  tliroc  misstatements  in  a  single  short  sen- 
tence :  " Several  people  who  happened  to  be  near  lau 
up,  caught,  and  carried  him" — he  was  not  carried — 
"  into  the  office  of  Wells,  Fargo,  and  Co." — it\vas  tlio 
Pacific  Express  Company — "and  laid  him  on  the 
counter."  Mr  King  was  never  put  upon  the  counter 
at  all.  The  newspaper  press,  he  says,  all  but  the 
Herald,  "became  in  the  highest  degree  inflammatory, 
and  drowned  all  reason  and  argument."  That  is  to 
say,  all  reason  and  argument  of  the  Sherman  order. 
All  the  people,  all  the  newspapers  were  fools;  only 
Sherman  was  wise.  "King  died  the  next  day,  Fiiday, 
I  think,  and  his  funeral  was  fixed  for  Ihe  Sunday  fol- 
lowing." Mr  King  died  on  Tuesday  and  was  buriid 
on  Thursday.  He  makes  the  execution  of  Casey  and 
Cora  take  place  on  the  day  of  their  seizure,  witliiii 
the  hour,  almost,  that  they  were  taken  from  the  jail, 
when  there  was  an  interval  of  four  days.  "E\  cry- 
body  supposed  that  when  this  funeral  was  over,  the 
matter  was  at  an  end;  but  to  our  surprise  the  A  i,L;il- 
ance  Committee  maintained  its  orQ'anization."  "  ]'i\  <  iv- 
body"  war  Sherman,  Johnson,  and  Garrison.  "While 
the  better  elements  of  society  were  at  work  intent  on 
their  own  personal  affairs,"  the  general  goes  on  to  say, 
"the  idle  and  vagabond  sought  the  power  in  existence 
for  an  easy  support,  and  through  the  Vigilance  C^)m- 
mittec  they  became  what  our  ward  politicians  are  at 
all  times.  Even  Sydney  convicts  became  judges  and 
constables,  and  sent  around  San  Francisco  their  absnrd 
writs,  with  a  big  all-seeing  eye  impressed  thereon  as 
their  great  seal."  That  is  a  falsehood;  and  I  eamiot 
see,  even  though  uttered  by  a  general  of  the  Ignited 
States  army,  how  it  can  be  otherwise  than  wilful  and 
malicious.  "This  went  on  from  month  to  month,  and 
none  of  us  knew  who  was  our  king,  whether  the  pack 
of  fellows  who  sat  at  midnight  on  Front  street,"  etc. 
It  was  not  Front  street,  but  Sacramento  street;  and 
as  if  this  were  not  bungling  the  locality  enough,  in 
his  Memoirs  he  calls  it  Clay  street.    Now,  is  General 


MORE  NONSENSE. 


2S7 


Sliernian  true,  manly,  honest?  does  ho  moan  what  ho 
says  when  ho  stigmatizes  the  Committee  thus  ?  The 
tact  was  never  questioned  that  they  were  San  Fran- 
ciscd's  host  men.  Sherman  as  a  banker  knew  tliem  to 
1)0  as  a  class  infinitely  better  men  than  those  of  his 
party.  Is  it  honorable,  is  it  gentlemanly,  is  it  decent, 
ior  liini  to  employ  such  terms  in  speaking  of  such 
iiK.'ii:'  "In  a  day  or  two  after  this" — it  was  the  same 
(lay— "Judge  Terry  of  the  supreme  court  made  the 
writ  commanding  the  sheriff  to  bring  before  him  the 
l)()(Iy  of  Maloney" — Billy  Mulligan  was  the  man. 
"This  writ  was  put  into  the  hands  of  a  deputy,  who 
ti'ied  to  enter  the  rooms  of  the  Vigilance  Commit- 
too  on  Front  street" — Sacramento  street — "but  was 
kicked  out."  He  was  courteously  invited  to  enter,  and 
(lid  outer,  and  was  not  kicked  out.  Besides,  how 
should  a  man  be  kicked  out  of  a  place  which  he  tried 
to  outer  and  could  notl 

Thus  the  letter  goes  on  to  the  end.  The  misstate- 
ments may  some  of  them  appear  trivial,  but  in  this 
coiiucction  they  are  not  so.  Sherman  has  made  state- 
nioiits  impeaching  the  integrity  of  California's  purest 
and  host  citizens,  statements  which  are  either  true  or 
I'also,  and  which  were  made  either  wittingly  or  un- 
wittingly. To  say  the  least  the  assertions  of  one  so 
lax  in  language  should  be  taken  with  allowance.  The 
gonoral  is  popular  in  California,  as  in  other  states, 
and  his  friends  are  disposed  to  pass  his  random  re- 
marks charitably,  as  the  harmless  offhand  way  of  the 
soldier.  But  although  I  entertain  personally  none  but 
the  most  kindly  sentiments  toward  him,  and  have 
groat  respect  for  his  military  success,  I  can  speak  of 
him  in  this  eonaection  only  as  he  is,  and  that  accord- 
ing to  my  best  judgment.  So  judging.  General  Slier- 
nian in  this  letter  is  either  prejudiced,  ignorant,  or 
false,  in  either  of  which  event  writing  is  no  credit  to 
him. 

In  a  subsequent  letter,  illustrious  also  for  its  lack 
of  sound  judgment,  Sherman  says,  "You  and  I  be- 


-P 


\i  ii 


Hi  ■•. 


'.:' 


■''Mi 


.h 


9'  J 

!     i 


288 


DECLARATION  OF  WAR. 


lieve  that  with  good  juries,  Casey,  Cora,  Hethcriiiir. 
ton,  and  Brace,  could  all  have  been  convicted  luid 
executed  by  due  course  of  law."  Most  assuredly  they 
could.  A  child  could  fathom  that  assertion,  (lood 
juries  could  convict  and  execute  four  murderers.  But 
where  were  good  juries  to  come  from  when  the 
sheriff,  friend  and  associate  of  the  prisoners,  had 
the  summoning  of  them?  Certainly  they  could  liavo 
been  convicted;  but  ten  thousand  men  each  as  capahlt- 
of  determining  the  chances  as  Field  or  Sherniau  (Hd 
not  believe  they  would  have  been  convicted.  "You 
and  I  believe,"  the  letter  continues,  "that  San  Fian- 
cisco  had  no  right  to  throw  off  on  other  communities 
her  criminal  clasb,  and  that  the  Vigilance  Coiniuittee 
did  not  touch  the  real  parties  who  corrupted  the  k'n'i.s- 
laturc  and  the  local  government.  Again,  if  the  good 
men  of  any  city  have  the  right  to  organize  aud 
assume  the  functions  of  government,  the  bad  nieu 
have  the  same  right  if  in  the  majority." 

We  notice  now  the  "pack  of  fellows"  are  "good 
men,"  and  must  infer  in  U.  S.  general-in-chief  ])luase- 
ology,  packs  of  fellows  must  mean  good  men.  I  liave 
before  stated  that  these  criminals  were  not  bred  an 
California  soil,  were  no  outgrowth  of  California  so- 
ciety, were  never  invited  hither,  came  for  no  good 
purpose.  They  were  old  offenders  in  every  instance, 
generated  in  the  pestilential  purlieus  of  older  cities, 
and  San  Francisco  had  the  right  to  drive  them  nut. 
As  regards  the  next  assertion  I  confess  my  inability 
to  fathom  the  general's  meaning.  If  the  ballot-box 
stuffers,  primary  election  fighters,  if  Ned  McGrowan, 
Casey,  Sullivan,  and  that  class  were  not  corrupters 
of  government,  I  am  at  a  loss  to  know  who  v.  ere. 
One  thing  I  know;  that  before  the  organization  of 
vigilance  the  local  and  the  state  government  wore 
notoriously  corrupt,  and  that  for  ten  years  after  the 
disbandment  municipal  affairs  were  singularly  pure. 
To  the  truth  of  this  assertion  I  can  produce  the 
records   with   hundreds   of  witnesses   behind   tlioni. 


THE  SITUATION. 


2S9 


Lastlv,  the  general  seems  to  forget  tliat  in  our  gov- 
einnieiit  the  majority  rules,  the  majority  have  the 
ri'j,lit  to  rule,  and  if  the  majority  be  bad,  as  is  too 
ui'tvn  tlie  case,  the  bad  have  tlie  right  to  rule. 

Not  being  familiar  with  the  incidents  of  General 
Sherman's  life  I  am  unable  to  test  the  veracity  of  his 
M)iiit>li's  in  any  other  part  than  that  which  relates  to 
California;  but  if  in  other  parts  it  is  as  crammed  with 
misstatements  as  in  that  wdiich  relates  to  the  ]^icific 
Statos  it  will  be  handed  down  to  posterity  as  a  mar- 
vel of  error  and  prejudice.  One  may  take  by  way 
of  illustration  a  sentence  almost  at  random,  as  the 
I'lilliwing:  "In  July" — it  was  in  June — "1850,  they 
anvstcd  Chief  Justice  Terry" — he  was  not  chief  jus- 
tire,  hut  associate  justice  of  the  supreme  court — "and 
tried  him  for  stabbing  one  of  their  constables,  but  he 
iiiunaged  to  escape  at  night" — neither  Terry  nor  any 
other  [)risoner  ever  escaped  from  this  Committee.  He 
was  discharged  and  escorted  by  the  Connnittee  be- 
yond the  reach  of  danger  from  the  populace  who  were 
cvuii  then  eager  for  his  punishment — -"and  took  nfugtt 
on  the  John  Adams.  In  August" — it  was  in  July  — 
'•  tiny  liaiiijfed  Hetherinijton  and  Brace  in  broad  day- 
light,  without  any  jury  trial."  They  had  a  I'uU  and 
fail'  trial,  with  the  entire  Committee  as  a  jury.  Sher- 
man may  be  a  good  soldier,  but  he  made  a  great  mis- 
take when  he  undertook  to  write  a  book.  It  makes 
little  difference  to  the  reader  whether  current  and 
autlKMiticated  facts  are  misstated  throuiifh  isT^noranee 
or  nitoution.  Of  a  truth  I  never  saw  so  great  a  man 
with  so  little  common-sense  I 

T.ct  us  brielly  review  the  jxditical  situation,  and  the 
relations  of  federal,  state,  and  municipal  authoiities. 
Tlir  know-nothing  party  had  at  this  time  the  control 
of  the  state,  but  the  administration  was  composed  of 
woak  men.  Shortly  before  the  orjjanizinij  of  vioilance 
ni  San  I  rancisco,  Sherman,  then  resident  partner  in 
tile  hanking-house  of  Lucas  Turner  and  Company, 

Pop.  Two.,  Vol.  II.    19 


:^ 


i 


If  j 


1 


290 


DECLARATION  OF  WAR. 


had  l)ccn  made  major-general  of  the  second  division  of 
mihtia  embracing  San  Francisco,  by  the  govLiiior 
of  the  state,  J.  Neely  Johnson,  though  he  did  not 
formally  accept  until  after  the  organization.  General 
John  E.  Wool  then  commanded  the  military  depart- 
ment of  California  with  his  head-quarters  at  Beuiela. 
Captain  1).  G.  Farragut  was  in  command  at  tlie  ]\[are 
Island  navy-yard.  The  U.  S.  ship  John  Adamx, 
E.  B.  Boutwell  captain,  lay  at  Sauzalito.  Mr  A^au 
Xess  was  mayor  of  San  Francisco. 

There  was  at  this  time  in  the  state  militia  a  com- 
pany of  artillery  with  four  guns,  Captain  Johns,  and 
three  infantry  companies,  most  of  whose  men  soon 
])assed  over  to  vigilance.  Sherman  was  one  oi'  the 
2>o>ise  comitatus  summoned  by  the  sheriff  to  keep  the 
prisoners,  and  spent  one  night  in  jail.  E.  D.  Baker 
was  another;  Thornton,  he  with  but  one  arm,  Peachy, 
and  Billinijfs,  lawyers,  were  others.  On  the  niij^lit  of 
his  arrival  Johnson  telegraphed  Sherman  to  meet  him 
at  the  boat,  which  he  did  in  company  with  C.  K, 
(garrison.  In  his  letter  Sherman  says  they  proceeded 
innnetliately  to  the  jail;  in  his  Memoirs,  to  the  Inter- 
national Hotel.  It  makes  no  difference  where  they 
went;  I  only  speak  of  it  as  showing  the  extromu 
looseness  of  the  general's  statements.  Sherman  tlieii 
recites  the  interview  at  Turn  Verein  Hall  and  the  iv- 
ndt  in  which  by  implication  he  charges  Coleman, 
Truett,  Smiley,  Arrington,  and  the  rest  with  treachery 
and  falsehood. 

I  cannot  believe  that  so  vital  an  error  at  such  a 
conference  could  arise  unwittingly;  that  a  number  of 
chief  officials  could  meet  a  nmiiber  of  chief  merchants 
Ibr  the  purpose  of  arranging  a  very  simple  affair;  that 
an  hour  and  more  could  be  occupied  in  deliberation; 
that  discussion  on  both  sides  could  bo  ample  and 
general,  and  that  after  all  the  very  point  in  question, 
namely,  whetiier  or  not  the  Committee  should  stop 
where  they  were  and  take  no  further  steps  toward 
seizing  and  executing  Casey,  could  be  totally  misun- 


i 


THE  TVrO  SIDES. 


■COl 


(lorst;)()il.  There  was  wilful  prevarication  somewhere; 
it  is  not  reasonable,  where  all  the  mental  faculties  of 
kiH'ii  and  powerful  minds  were  concentrated  upon  a 
siiiu'lo  })oInt,  to  account  for  the  dIfFerence  on  the 
oToimd  of  stupidity.  That  subterfuge  and  falsiilcation 
should  rest  at  the  door  of  the  Committee  I  do  not 
(1(0111  ri^'lit;  because,  first,  the  members  of  the  Exec- 
utive were  incapable  of  such  conduct;  secondly,  they 
Avero  Incajiablc  no  less  of  being  mistaken  on  the  veiy 
question  which  brought  them  together  than  of  wilful 
t'al>c  promising;  thirdly,  they  knew  It  to  be  beyond 
their  ])0wer  to  keep  such  a  promise;  they  were  not 
the  ])eoi)le,  but  only  the  mouthpiece  of  a  mighty 
jiowcr  which  would  not  be  further  stayed  Ijy  words; 
and  lastly  there  was  not  the  slightest  Interest  or  a  1- 
vaiitiige  to  them  In  the  alleged  deception.  Such  Is  imv 
(i|)iiii()n  after  a  candid  study  of  the  subject;  the  reader 
may  believe  as  he  pleases. 

Slierman  and  Johnson  witnessed  the  seizure  of 
Casey  and  Cora  from  the  roof  of  the  Intcrnatlon  d 
Hotel.  After  the  execution  the  two  men  returne*!, 
(iiie  to  Sacramento  and  the  other  to  his  banking,  both 
in  deep  disgust,  and  both  deeming  the  affair  over. 
And  so  it  would  have  been  in  a  few  days  more  If  the 
now  aii'-rv  Gfovernor  had  not  been  stirred  to  overt  acts 
which  placed  It  beyond  the  power  of  the  Committee 
to  retire  without  the  loss  of  that  wholesome  Influence 
whicli  they  had  met  to  exert.  This  they  would  not  do ; 
the  principle  of  vigilance  they  would  not,  could  not 
abandon. 

All  was  not  harmony  in  the  ranks  of  law  and  order. 
There  were  many  of  his  own  party,  shrewder,  wiser 
men,  who  took  exception  to  the  governor's  concession 
m  admitting  the  vicrllant  fjuard  within  the  jail  walls. 
And  lierem  Is  my  solution  of  the  so-called  misunder- 
standing. The  governor,  becoming  dissatisfied  with 
his  l)argaln,  or  rather,  seeing  that  he  was  compromised, 
and  even   made   contemptible   in  t^^   syes  of  some 


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202 


DECLARATION  OF  WAR. 


thereby,  attempted  subterfuge,  accused  the  Coni- 
inittec  of  falsehood  and  treachery,  and  called  on 
Sherman  to  witness  the  truth  of  what  he  said.  Tin; 
latter  newly  appointed,  and  willing  to  conciliate,  tacitly 
acquiesced,  until  finally,  hanmiered  into  heat  by  suh- 
sefpient  discussion,  the  false  assertions  of  the  pattv 
assumed  the  hue  of  half-reality  in  the  general's  clR  !■- 
vescent  brain,  and  fancies  reiterated  Ijocame  clothal 
with  the  reality  of  fact.  I  may  be  wrong,  but  I  soo 
no  other  explanation  at  all  consistent  with  rcusou 
which  is  half  so  charitable. 

Pricked  by  friends  and  partisans  who  saw  or  fancied 
they  saw  their  vocation  slipping  from  under  tliciu, 
Johnson  concluded  to  -nako  another  effort  to  crush 
rebellion,  an  effort  this  time  more  direct  and  pro- 
nounced. Among  those  who  exercised  a  marked  in- 
iluencc  over  the  governor  was  David  S.  Terry,  just ic 
of  the  supreme  court  of  the  state  of  California,  an  aMo 
jurist  of  no  inconsiderable  will  and  courage,  honorahlc 
according  to  certain  ideas  of  honor,  chivalrous  after 
the  manner  of  southern  fire-eaters,  with  a  cultivated 
mind,  atid,  when  he  chose,  cncjaging  manners. 

Judge  Terry  represented  a  class,  tlie  extreme  and 
rabid  law  and  order.     It  was  the  class  denounced  bv 

L 

King,  who  was  as  rabid  on  the  side  of  public  morality 
and  [)urity.  The  law  and  order  men,  in  their  own  esti- 
mation, were  the  cream  of  society,  the  salt  of  the  earth, 
very  honorable  and  high-minded  gentlemen,  by  birth 
and  education  infinitely  superior  to  Boston  cedlish 
dealers,  and  the  natural  rulers  of  America.  It  was 
with  pleasure  that  these  marked  men  saw  King  slain, 
and  the  slayer  would  have  been  safe  enough  in  their 
hands.  True,  their  passions  began  to  warm  as  they 
saw  the  impudent  rabble  rise  in  defiance  of  majestic 
law,  and  when  they  dared  desecrate  the  jail,  try, 
sentence,  and  execute  men  in  defiance  of  law,  their 
blood  boiled  excitedly,  and  they  swore  that  such  things 
should  not  l)e. 

So  Terry  planned  a  campaign  which  should  annihilate 


THE  MEETING  AT  BENICIA. 


203 


tlum,orscnd  thorn  Hlinkiiig  to  their  holes.  The  suprenu3 
(•(tint  would  issue  a  writ  of  lidbi'dH  corpufi  for  William 
M  iilli<4aM,thou  in  the  hands  of  the  stranglers,  which  writ 
wuuM  of  course  he  denied.  The  authority  of  the  stato 
liciiit;'  thus  set  at  defiance,  application  for  aid  would  h- 
iiiudc  to  (xejieral  Wool  and  also  to  Captain  Farrajjfut 
at  ^Fare  Island,  who  would  surely  not  ivfuse  it. 
Further  than  this,  to  aid  in  pressing,'  the  issue  on 
(u'licral  Wool,  the  militia  should  he  enrolled  and  tlic 
governor  should  issue  a  proclamation  declaring-  the  city 
ill  a  state  of  insurrection.  There  would  then  be  aj)- 
))ai'«'ntly  something  more  in  the  eifort  tlian  the  grati- 
fication of  the  personal  views  of  the  governor  an  I 
tlic  political  spite  of  the  judge;  something  more  to 
justify  the  federal  authorities  in  arming  one  part  of 
the  citizens  of  San  J.^Vanciseo  to  shoot  down  another 
}iart. 

All  things  having  been  properly  arranged  at  Sacra- 
mento Terry  went  down  to  San  Francisco  the  30th  of 
May  to  attend  to  the  habeas  corpus  matter,  while 
Joliiison  with  his  secretary  of  state  stopped  at 
lltiiicia,  telegraphing  Sherman  to  meet  him  there 
Though  the  habeas  coipus  had  not  yet  been  served 
iinr  the  proclamation  issued,  it  was  deemed  advisable 
to  see  General  Wool  at  once,  that  they  might  know 
what  to  depend  upon. 

Mark  now  this  interview  and  the  result,  and  v.o 
shall  see  a  performance  somewhat  similar  to  that 
Mhich  was  acted  at  Turn  Verein  Hall  and  subse- 
(j neatly.  The  governor  and  his  secretary  and  general 
found  Wool  at  his  office  writing.  The  state  of  affaiis 
was  discussed.  Sherman  agreed  that  if  Wool  would 
f,nvt'  him  arms  and  ammunition  out  of  the  United 
estates  arsenal  at  Benicia,  and  if  Farraij^ut  would  give 
luiii  a  vessel,  he  would  enroll  volunteers,  bring  Wool's 
arms  in  Farragut's  ship  to  San  Francisco,  arm  his 
iiU'M,  take  possession  of  a  thirty-two-pound-gun  bat- 
tery then  at  the  marine  hospital  on  Rincon  Point, 
order  the  Vigilance  Committee  to  disperse,  and  arrest 


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DECLARATION  OF  WAR. 


( 


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tlie  leaders,  or  if*  .sulmiissioii  was  refused  would  <t|ioii 
fire  on  the  inhabitants. 

Sherman  thou<»ht  that  Wool  was  struck  hv  the 
beauty  and  jierfection  of  the  jdan;  it  was  siniplt-  and 
dis[»layed  well  the  uiai'tial  traits  of  tlie  new  n.m- 
niander.  But  the  old  <^eneral  was  reticent,  lie  did 
not  think  after  all  that  San  Francisco  should  he- 
destroyed  because  her  best  citizens  were  earucstlv 
endeavoring  to  cleanse  the  city  of  her  moral  and 
|)olitical  impurities.  General  Wool  talked  with  liis 
visitors  about  their  proclamation  and  their  lodtciis 
vnrpiis;  next  morninj^  he  inspected  with  them  tlu- 
arsenal  where  were  four  thousand  muskets  brought 
out  in  the  Lexiiujtoa  round  Cape  Horn  in  l,s4(l. 
Sherman  pointed  them  out  to  General  Wool  and  said 
that  those  would  answer  very  well. 

From  all  that  transpired  on  that  occasion  Sliennaii 
inferred  that  General  Wool  would  furnish  liiiu  the 
arms.  The  party  then  drove  over  to  Vallejo,  crossed 
t()  Mare  Island,  and  calling  on  the  commander  stated 
their  errand.  Farragut  replied  that  he  had  no  authoi- 
ity  to  take  part  in  civil  broils,  that  he  doubted  ex- 
tremely the  wisdom  of  their  proposed  step,  anil  that 
he  woukl  lend  them  no  assistance.  The  sloop  ./'>///< 
Acktms,  after  certain  needed  repairs  were  made,  nii^lit 
drop  down  abreast  the  city  and  there  lie  for  mural 
etiect,  but  nothing  more.  Sherman  concluded  he 
could  seize  one  of  the  Pacific  Mail  Company's  steam- 
ers and  use  it  for  his  purpose. 

The  governor's  party  then  returned  to  Benicia,  and 
in  a  second  interview  with  Wool  Sherman  asserts 
that  Wool  posii  vely  promised  that  in  case  the  haljca.i 
coi'jnts  was  ser  ed  and  refused,  and  the  governor 
issued  his  proc  mation  ordering  the  insurgents  to 
disperse,  and  faii  1,  and  they  should  then  call  out  the 
militia,  on  his,  SI  rman's,  requisition,  approved  by  the 
governor,  he,  Go  oral  Wool,  would  order  the  issue  of 
the  arms.  Gene:al  Wool  as  positively  asserts  that  he 
never  made  such  a  promise. 


MULLIOAN^  AVAUNT! 


20.' 


Whtii  v.'c  lioar  a  person  ('(unulain  of  heiiii^  clioated 
at  I  vri'v  turn,  instinctively  \\u  avoid  sucli  an  one  lest 
lie  clK'at  us.  When  we  hear  a  man  aecusinj^  i^ood 
nil  !i  iihout  him  of  dishonesty,  we  naturally  conchule 
siifli  an  one  is  not  very  honest.  Men  who  talk  down 
the  chastity  of  women  arc  sure  to  bo  unchaste;  and 
woiiicii  who  accuse  their  sisters  of  glaring  faults  we 
iiiav  l)t'  sure  are  most  faulty  in  those  respects  them- 
selves. 

Now  is  it  not  a  little  singular  that  Johnson  and 
.Shei'iiian  innnediately  after  their  interview  M'ith  tlu* 
executive  conunittee,  should  charge  them  with  false- 
hood; that  innnediately  after  their  interview  with 
(leneial  Wool  they  should  charge  him  with  falsehood; 
that  iiiiniediately  any  one  who  took  part  in,  or  sym- 
jtatl'ized  with,  the  vigilant  iuovement  became  ipso 
fief  I)  a  villain,  and  that  all  journals  that  favored 
vigilance  were  ribald  and  mendacious?  "Lord,  Lonl," 
with  Falstaff  cries  Sherman,  "how  the  world  is 
H'.veii  to  Iving!    Coleman  lies.  Wool  lies,  everybody 

lies:" 

When  on  Saturday  the  31st  of  May  Deputy  Shcriif 
Harrison  presented  himself  at  the  door  of  head- 
(juarters  with  a  writ  of  Jiahcas  corpun  which  ho  wished 
ti»  serve  on  William  Mulligan,  the  Executive  being  in 
session  at  the  time,  Mr  Dempster  moved  that  the 
poliee  in  connection  with  the  grand  marshal  have 
[tower  and  instructions  to  remove  immediately  the 
inisdiiers  i'rom  the  building  for  a  few  hours.  The 
piisoiieis  were  disguised  and  removed.  Mr  Smiley 
then  iiotitied  the  sheriff's  officer  that  ho  might  search 
tlio  i)rumises.  Mr  Mulligan  was  not  to  be  found.  jMr 
Haiiison,  however,  readily  understanding  affairs,  re- 
tained the  writ  endorsed  to  the  effect  that  ho  had  been 
l)ie\i'iited  from  serving  it  by  a  body  of  armed  men. 
Thioughout  the  whole  movement  it  was  the  earnest 
wish  of  the  Committee  to  avoid  collision  with  the 
uutUuities,  or  in  any  way  to  humble  or  bring  discredit 
oil  law  and  good  government. 


El 


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206 


DECLARATION  OF  WAR. 


To  tills  end  on  tlie  20th  of  May  the  following 
course  had  been  adopted : 

"Tliat  a  committee  of  three  be  appointed  to  wait  on  the  governor  of  tliis 
state,  anil  on  the  mayor,  anil  asHure  them  that  tliis  Connnittee  have  no  (le.si;v 
or  thought  :>{  interfering  with  the  regular  discharge  of  their  duties,  uiul  only 
desire  to  take  cognizance  at  present  of  outnageoua  oases  of  crime  and  inwily- 
ism  whicli  the  laws  have  been  tiirdy  in  executing  or  cannot  reach;  that  wo 
do  not  encroach  on  the  regular  execution  of  law  or  the  maintenance  of  firdvr. 
provided  the  laws  Imj  enforced  or  carried  out,  but  we  desire  peace  and  order. 
and  it  is  that  consummation  we  are  aiming  at,  and  would  be  pleased  to  sec  nil 
legally  constituted  authorities  proceed  in  civil  or  criminal  cases  as  tliouL;li  thU 
connnittee  were  not  in  existence.  We  have  not  nor  do  we  desire  to  encroach 
on  tlie  civil  authorities  whenever  they  are  properly  discharging  their  duties." 

Tervy  retired  to  Sacramento  wrathful;  and  iVoui 
Beiiicia  Johnson  returned  to  the  capital  and  SlRiinau 
to  San  Frar.'isco. 

In  the  journals  of  Juno  4th  appoareJ  the  followiii;; 
general  orders.  First  were  given  extracts  of  an  act 
concerning  the  organization  of  the  stati!  militia  passed 
Ajiril  25,  ISao,  signed  antl  certiiied  hy  J.  W.  DiMivir. 
secretary  of  state.  Then  came  the  following  order 
from  the  jijovernor  and  commander-in-chief  to  William 
T.  Sherman,  major-general  commanding  the  second 
division  of  California  militia: 

"Ex'XTTivK  Dep.vrtmkst,  Sacramento  City,  Cal.,  June '2,  isrifi. 

"Siu:  Information  having  been  received  by  me  that  an  armed  body  of 
men  is  now  organized  in  the  city  and  county  of  San  Francisco,  in  tins  state, 
ill  violation  of  law,  and  have  resisted  the  due  execution  of  the  law,  especially 
by  preventing  the  service  of  a,  writ  of  hahtfis  corpus  duly  issued,  and  is  tineat- 
ening  other  acts  of  violence  and  i-ebellion  against  the  constitution  and  laws  of 
this  state.  Yim  ar>  therefore  connnanded  to  call  upon  such  nundier  as  yon 
may  deem  necessary  of  the  enrolled  militia,  or  those  subject  to  militaiy  duty; 
also,  upon  all  of  the  volunteer  or  independent  companies  of  the  niilit.iry, 
within  the  military  division  under  your  command,  to  rendezvous  at  siuli  time 
and  place  witliin  the  county  ot  San  Francisco  as  you  iriay  deem  necessavy  ami 
proper  to  aid  the  civil  authorities,  especially  tlie  sheritf  and  his  deputies  of 
said  county,  in  enforcing  the  laws  and  rendering  olmdience  thereto,  ami  with 
such  foi'Ci.'s  as  you  may  be  able  to  conmiand,  to  aid  and  assist  the  enforcement 
of  the  laws,  and  the  service  of  such  legal  process  as  may  be  reqnii'ed  of  you 
by  such  officers  of  the  law  as  may  connnand  your  aid.  In  the  orL;aiiizntion 
and  eqnipmoit «.'  such  militia  farce,  you  will  be  governed  by  the  law  ami 
regulations  now  in  force. 

"  Very  respectfidly,  your  obedient  servant, 

"J.  Nelly  Johnson." 


OHDER  AXD  PROCLAMATION, 


987 


Xext  was  the  general  order  of  the  commander  of 

militia: 

' '  Tla-  oificcrs  commanding  the  volunteer  and  independent  companies  of  tliis 
city  will  iirooced  forthwitli  to  fdl  their  companies  to  the  highest  standard,  and 
will  I'lpi  )it  in  person  tlio  strength  and  names  of  tlie  members  of  their  companies 
to  (loin'iiil  W.  V.  Kibhe,  adjutant  and  quartermaster  general,  at  the  recorder's 
couit-rcioiii,  city  luill.  The  companies  will  hold  themselves  prepared  to 
asi<i'iulik'  at  such  places  as  may  hereafter  be  indicated.  All  enrolled  memboi's 
of  ti.'  (■  (.oinprtnics  arc  liercby  commanded  to  report  to  their  respective  c::;i- 
tiiiiis  or  coniinaudiug  olhcers,  who  will  report  the  names  of  all  who  refuse  to 
obey,  with  such  evidence  of  tlieir  disobedience  as  will  bring  them  within  tlio 
provision  of  section  two  of  the  foregoing  act  of  the  legislature.  All  citizens 
of  San  I'raMcisco  County,  between  the  ages  of  eighteen  and  forty-live  years, 
not  Mit'iiiliers  of  the  regularly  enrolled  volunteer  or  fire  companies  of  the  city, 
or  nut  (itlicrwisc  exempt  from  military  duty,  are  hereby  commanded  to  enroll 
til(■nlsl'lvc^<  into  companies  of  from  fifty  to  one  hundred  men,  to  elect  from 
t'.ifir  (iwn  nunilicr  a  captain,  one  first  lieutenant,  two  So>  ond  lieuteniaits,  fonr 
.sfi'L'tiuits.  and  four  corporals,  and  to  agree  on  a  place  of  rendezvous,  in  case 
tliL'ir  services  are  called  for.  The  captain  or  other  commanding  officer  will 
pi(  part'  a  roll  of  the  names  of  the  members  of  his  company  and  the  place  of 
rLinlczvouH,  and  will  deposit  the  same  with  Adjutiiat-genenil  Kibbc,  at  tlio 
riL'iiiik'r's  court-room,  city  hall.  Parties  refusing  so  to  enroll  tiieniselves  arj 
briiimlit  within  the  provisions  of  article  twenty  of  the  act  before  nauicil. 
Citizens  SI)  eiu'olling  themselves  for  future  call  are  requesteil  not  to  suspend 
tliiii'nsu:il))usine«s,  only  to  hoM  themselves  prepared  for  service  in  caseoffurtlici- 
orders.  Siamld  they  be  called  into  the  service  of  the  stiite,  anus  and  amm.> 
iiition  will  be  provided  for  them.  The  major-general  commanding  takes  this 
occasion  to  say  tiiat  the  troops  to  be  organized  under  tiiis  call  have  nothing 
to  Jii  with  tlie  exciting  issues  of  the  past  two  weeks.  The  only  ((uestion  is, 
shall  the  laws  of  the  state  of  California  henceforth  be  sustained?  All  vi(dence 
of  act  or  language  is  to  bo  deprecated,  and  no  force  or  threats  must  be  used 
without  my  orders.  The  good  citizens  of  San  Francisco  should  reflect  tlir.t 
we  all  hold  our  lives  and  projierty  l>y  force  oi  law,  and  that  a  forcible  resiat- 
nuce  of  the  law  does  not  end  with  the  case  in  point,  but  may  rise  up  againat 
oui'selves  in  some  other  and  'ess  pleasing  fonn,  and  may  injure  our  reputation 
in  other  states,  where  the  evils  we  complain  of  are  not  fek.  (.'ivil  war,  or  the 
array  of  armed  citizen  agninst  citizen,  is  toohomble  in  its  consequences  to  l>e 
spoken  (if,  and  it  is  to  be  hoped  that  all  good  citizens  will  forthwith  return 
to  theii  Ijusincss,  and  cease  any  display  of  force  or  resistance  to  the  regular 

op'ratious  of  our  courts  of  law. 

"\V.  T.  Sherman,  Major-general." 

Then  follows  the  proclamation  of  the  governor: 

"KxECfTivE  Department,  Sacramento  Citv,  dune  3,  1S.>0. 
"  WuEUEAs,  satisfivctory  information  has  been  received  by  me  that  combi- 
luitious  to  retist  the  execution  of  legal  process  by  force  exist  in  the  county  of 
^M\  I'laucisco,  in  this  state,  and  tlu;f  an  unlawful  or^-anization,  styluig  them- 


208 


DECLARATION  OF  WAR. 


selves  the  Vigilance  Committee,  have  resisted  by  force  the  execution  of 
criminal  process,  and  that  the  power  of  said  county  has  been  exhausted  and 
has  not  been  sufficient  to  enable  the  sheriff  of  said  county  to  execute  such 
process.  Now,  tlierefore,  I,  J.  Neely  Johnson,  governor  of  the  state  of  Cali- 
fomia,  by  ^•irtuo  of  the  power  vested  in  me  by  the  constitution  and  laws 
thereof,  do  hereby  declare  said  county  of  San  Francisco  in  a  state  of  insurrec- 
tion, and  I  hereby  order  and  direct  all  of  the  volunteer  Tiilitia  comiwnies  of 
the  county  of  San  Francisco,  also  all  persons  subject  to  military  dut;,  within 
said  county,  to  report  themselves  for  duty  immediately  to  Major-genei-al  Wm. 
T.  Sliennan,  commanding  second  division  California  militia,  to  sei-ve  for  such 
term  in  the  performance  of  military  duty  under  the  command  of  said  Sherman 
until  disbanded  from  service  by  his  orders.  Also  that  all  volunteer  military 
companies  now  organized,  or  which  may  be  organized  within  the  third,  fourth, 
and  fifth  military  divisions  of  this  state ;  also  all  persons  subject  to  military 
duty  in  said  military  divisions,  do  hold  themselves  in  readiness  to  respond  to 
and  obey  the  orders  of  the  governor  of  this  state,  or  said  Sherman,  for  the 
performance  of  military  duty  in  such  manner  and  at  such  time  and  place  as 
may  be  directed  by  the  governor  of  this  state.  I  furthermore  order  and 
direct  that  all  associations,  combinations,  or  oiganizations  whatsoever,  cxistinj 
in  said  county  of  San  Francisco  or  elsewliere  in  this  state,  in  opposition  to  or 
in  violation  of  the  laws  thereof,  more  particularly  an  association  known  as  the 
Vigilance  Committee  of  San  Francisco,  do  disband,  and  each  and  every  in- 
dividual thereof  yield  obedience  to  the  constitution  and  laws  of  the  state,  the 
writs  and  processes  of  the  courts,  and  all  legal  orders  of  the  officers  of  this 
state,  and  of  the  county  of  San  Francisco. 

"J.  Neeley  Jounsox." 


The  governor's  casus  belli  rested  on  a  false  and 
flimsy  foundation.  The  proclamation  was  eondciniied 
by  all,  except  the  more  rabid  of  the  law  party,  as 
bellicose  and  dictatorial,  and  it  tended  only  to  es- 
tablish the  Committee  more  firmly  than  ever  in  tlieir 
determination.  It  forcetl  them  to  prepare  for  hvK- 
defence,  to  strengthen  their  position,  and  to  excrciso 
if  possible  greater  vigilance  against  surprise.  It  won 
for  the  Committee  many  friends  throughout  the  in- 
terior, among  men  who  saw  that  party  and  passion 
had  taken  the  place  of  principle  in  the  governor's 
breast,  who  saw  that  but  for  this  ill-advised  step  there 
would  have  been  but  little  further  excitement  or 
trouble.  There  was  not  the  slightest  necessity  for 
interference.  The  courts  were  all  in  session ;  neither 
business  nor  pleasure  was  interrupted;  the  wheels 
of  government  were  running  smoothly;  the  vigilants 


ARM  I  ARM!  THEY  CRY. 


were  doing  everything  in  the  power  of  man  to  assist 
the  law,  often  helping  officers  to  ferret  crime  and 
leaving  the  criminal  in  the  law's  hands.  And  further, 
if  it  was  not  a  serious  political  blunder,  it  was  to  say 
the  least  ill-advised  and  ill-opportune.  A  call  at  that 
tinu!  lor  the  militia  to  invade  San  Francisco  was  like 
the  summoning  of  spirits  from  the  vasty  deep;  the 
cTovornor  might  cry  until  his  throat  should  split,  there 
would  be  few  to  answer. 

Tho  Committee  would  lay  down  their  power  the 
mouiont  their  work  was  done,  and  no  attempted  coer- 
cif)n  would  make  them  do  it  sooner.  This  the  governor, 
jr.dge,  and  general  knew  to  be  true,  for  of  such  they 
had  been  assured  by  men  whom  they  could  but  be- 
lieve. But  then  it  would  look  so  meanly  in  preten- 
tious law  and  blustering  military  to  slink  back  into 
place  tamely  permitting  the  people  to  execute  a  duty 
v.liicli  they  were  unable  to  accomplish.  No,  they 
iiust  have  a  cowardly  fling  at  their  benefactors  if  only 
as  a  manifestation  of  belief  in  the  existence  of  their 


own  courage. 


Little  fear  was  entertained  from  this  inconsistent 
action  of  the  governor  and  the  general  of  militia — 
inconsistent  in  two  points;  first,  the  governor  had  held 
hack  and  given  the  Committee  full  sway  for  a  fort- 
night, permitting  them  to  become  thoroughly  organ- 
ized and  firmly  established  before  taking  any  steps  to 
put  them  down,  and  secondly,  in  the  governor's  stating 
in  his  order  that  information  had  been  received  by 
him,  etc.,  and  the  general's  saying  that  tho  troops  to 
he  oi'ganized  under  his  call  had  nothing  to  do  with 
the  exciting  issues  of  the  past  two  weeks.  The 
peojde,  however,  were  not  frightened.  There  was 
littler  danger  of  civil  war,  of  arraying  one  part  of  the 
jwoplo  in  open  hostility  to  the  other  part.  That  this 
nuui  was  called  governor  and  that  man  general  did 
not  make  an  army;  that  one  cried  blood  I  and  the 
other  damnation  1  did  not  annihilate  the  organized 
virtue  and  intelligence  of  San  Francisco,  which  was 


m 


DECLARATION  OF  WAR. 


fully  prepared  to  wade  through  real  blood  and  lay 
their  lives  if  necessary  upon  the  altar  of  outraijrcd 
justice.  If  this  governor  and  this  general  waited  lor 
the  people  to  enroll  themselves  in  their  behalf,  tliey 
would  have  long  to  wait. 

Here  is  the  advice  of  the  Sacramento  Union,  a 
conservative  and  influential  journal :  "  It  has  l)eeii 
proclaimed  that  all  persons  liable  to  do  militar}-^  dutv 
should  hold  themselves  ready  to  march  at  the  com- 
mand of  the  general-in-chief  Our  advice  to  all  .sucli 
persons  is  to  do  as  we  intend  to,  remain  at  home  and 
attend  to  our  own  business." 

It  seems  that  these  officials  had  yet  to  learn  tlio 
rudiments  of  our  government.  It  seems  that  they 
supposed  that  laws  could  be  here  enforced  by  armed 
hirelings  against  the  will  of  a  majority  of  the  })eoplc; 
that  American  freemen,  with  arms  in  their  liands, 
were  to  be  intimidated  by  those  whom  they  had 
clothed  with  office;  that  Californians  were  as  sus- 
ceptible of  despotism  as  Russian  serfs;  that  becaust; 
Louis  Napoleon  backed  by  a  large  standing  army 
took  the  French  by  a  cokj)  iVetat^  they  could  talcj 
the  San  Franciscans  in  like  manner. 

"  There  is  no  sufficient  cause  to  justify  a  resort  to 
the  military  arm,"  says  the  editor  of  the  Sacramento 
Union  in  his  issue  of  June  5th.  "There  is  no  insur- 
rection in  its  true  sense  in  San  Francisco.  Thj 
people  have  declared  war  against  ballot-box  stufi'er  s 
thieves,  felons,  and  perjured  villains;  they  ask  to  hi' 
permitted  to  send  such  cattle  out  of  the  comnuniity. 
Beyond  that  they  have  in  no  instance  interfered  or 
offered  to  obstruct  the  administration  of  the  law. 
The  courts  are  in  session  as  usual,  and  can  obtain  any 
assistance  needed  to  execute  process,  except  against 
the  class  of  hounds  belonging  to  the  secret  gang  the 
Conmiittee  are  determined  to  root  out.  Thev  liavo 
destroyed  no  property;  they  are  in  no  sense  nioliites 
or  insurrectionists.  The  people  of  San  Francisco  are 
battling  for  the  right,  for  the  moral,  the  good,  the 


DISCUSSIONS. 


301 


virtuous,  against  wrong,  outrage,  the  immoral,  the 
bad,  and  vicious;  and  we  bcHevc  they  will  be  sus- 
tained as  they  ought  to  be,  by  the  pulpit,  the  press, 
and  the  people." 

"  In  all  seriousness,"  writes  the  Glohe\<i  editor,  the 
.same  date,  "we  ask  if  Governor  Johnson  really  be- 
lieved the  city  of  San  Francisco  to  be  in  a  state  of 
insurrection;  if  he  supposed  for  one  instant  that  we, 
as  citizens  of  the  state,  contemplated  a  nullification  of 
its  laws;  that  we  had  banded  together,  wasted  time 
and  money,  and  incurred  all  the  responsibilities  in- 
volved, for  the  sole  purpose  of  opposing  the  ministers 
of  the  law  in  the  performance  of  their  sworn  duties  ? 
Does  his  excellency  knovv'  anything?  Or  will  he  still 
persist  in  his  know-nothing  ideas  of  the  present  move- 
ment of  the  people  of  this  city?  Must  we  again  in- 
form him  that  we  are  the  real  law  and  order  party ; 
that  tlio  people  have  not  done  anything  but  what  the 
law  should  have  done,  and  that  they  do  not  contem- 
l)late  doing  anything  further  than  the  enforcement  of 
the  act  entitled  an  act  for  the  punishment  of  vagrants, 
in  a  somewhat  modified  but  vastly  improved  form — ■ 
lidding  the  country  of  them  instead  of  keeping  them 
conlined  in  our  local  jail  at  public  expense,  pensioners 
instead  of  convicts?" 

"Could  anything  be  nearer  the  climax  of  absurdity," 
asks  the  Bulletin,  referring  to  Johnson  and  Sherman, 
'than  their  behavior  has  been?  Their  defence  of 
their  conduct  is  based  entirely  on  technical  legal 
•grounds,  and  yet  the  documents  they  issue  as  the  pre- 
liminaries to  action,  are  lacking  in  the  very  essential 
\vhicli  they  claim  is  indispensable!  Their  conduct  is 
illegal,  and  yet  they  have  the  audacity  to  call  on  the 
public  to  aid  them  in  sustaining  law  against  an  illegal 
1  ody,  the  Vigilance  Committee.  Now  the  order  of 
the  major-general  has  no  more  binding  effect  as  a 
legal  document  than  the  summons  of  the  Vigilance 
Committee." 

"  The  proceedings  of  the  Executive  and  his  soldier- 


302 


DECLARATION  OF  WAR. 


f1 


banker  assistant  are  based  on  a  lie,  a  lie  wliieli  the 
thinking  citizens  of  San  Francisco  at  once  detect  and 
despise.  There  is  no  'arme-i  body'  in  San  Francisco 
which  is  'threatening  acts  of  violence  and  rebellion 
against  the  constitution  and  laws  of  this  state,'  unless 
the  armed  body  which  proceeded  to  enroll  itself  yes- 
terday in  pursuance  to  the  'general  orders'  may  be 
considered  as  such.  The  city  is  quiet,  the  citizens  are 
satisfied,  and  woe  be  to  those  who  transform  our 
streets  into  a  battle-field.  The  work  must  go  on, 
peaceably  if  possible,  but  it  must  be  finished.  No  pen- 
and-ink  artillery  can  frighten  either  the  executive 
body  of  reformers  or  their  supporters." 

In  answer  to  the  charge  of  feeble-mindedness  and 
vacillation  the  governor  replied  that  in  the  incipient 
stages  of  the  movement  he  did  not  consider  himself 
in  possession  of  sufiicient  force  to  render  action  ef- 
fectual. This  was  a  weak  subterfuge.  It  was  patent 
to  the  simplest  mind  that  delay  had  not  strengthened 
his  position  at  all;  and  that  if  this  was  a  sufiicient 
excuse  at  the  first,  it  was  a  still  better  one  when  lie 
began  to  stir.  Besides,  such  a  contingency  never 
should  have  been  considered  at  any  time.  His  duty 
was  to  act  or  not  to  act,  to  proclaim  an  insurrection 
or  not  so  to  proclaim.  That  duty  done,  if  he  lacked 
the  power  to  enforce  his  mandates  it  was  no  fault  of 
his. 

It  seems  never  to  have  occurred  to  the  governor 
and  his  general  that  nothing  short  of  a  large  and 
standing  army  could  effect  their  purpose.  In  spite  of 
them  the  organization  could  exist,  if  not  palpably  then 
impalpably.  The  murderers  taken  could  be  hanged 
and  the  lesser  criminals  expatriated,  or  otherwise 
spirited  away,  while  the  law  and  order  forces  were 
marching  on  them,  if  necessary.  The  Committee 
could  then  have  scattered  to  their  homes  leaving  no- 
thing but  the  empty  rooms  for  the  soldiers  to  seize. 
But  this  the  Committee  never  would  have  aone.  So 
strengthened,  as  they  proceeded,  had  the  opinion  in 


THE  VIGILANT  POSITION. 


303 


tlicm  become,  as  to  the  correctness  of  their  course, 
that  now  they  would  have  fought  to  the  death  for 
the  principle.  Though  their  work  were  done  and 
they  were  ready  to  relinquish  their  post,  they  would 
not  do  so  under  mandate  of  the  law ;  they  would  not 
so  acknowledge  their  course  to  have  been  an  error. 
They  claimed  they  possessed  in  themselves  the  right 
to  dt)  as  they  had  done ;  that  right  they  should  exer- 
cise wlicnever  duty  called  it  out,  and  for  that  opinion 
and  principle  they  would  fight. 


CHAPTER   XVII. 

FUTILE  ATTEMPTS  AT  RECONCILIATION. 

Do  you  not  know  me,  Mr.  Justice? 
Justice  is  blind,  he  knows  uulHxIy. 

Dryden. 

There  were  yet  in  the  good  city  of  Saint  Francis 
certain  honored  and  esteemed  men  who  held  tlie  jjeo- 
ple's  interest  above  perscaial  impulse  or  ])arty  .s})irit, 
who  were  neither  t)f  the  viijilance  committee  nor  vet 
of  the  law  and  order  party,  but  who  enjoyed  the  re- 
spect and  confidence  of  both  factions. 

And  here  I  have  an  incident  forgotten  l)y  Generr.l 
Sherman,  both  in  his  letter  and  in  his  Mciitolrx;  and 
as  it  redounds  to  his  credit  in  a  greater  degree  tiuin 
anything  I  find  therein  mentioned,  I  take  the  more 
pleasure  in  giving  it.  For  the  truth  of  my  statement 
I  have  before  me  the  records  of  the  executive  com- 
mittee, and  the  dictation  of  Mr  Coleman. 

In  the  former  I  find  written  in  the  minutes  of  a 
special  session  held  at  four  o'clock  on  Wednesday  the 
4tli  of  June,  the  following  motion  made  by  Mr  Tru- 
ett  and  carried,  "  That  Mr  Crockett  be  adniittetl 
before  this  body,  provided  he  can  speak  the  sentiiiunts 
of  Major-general  Sherman.  Mr  F.  W.  Pago  was 
appointed  to  wait  upon  Mr  Crockett  and  accompany 
him  to  the  executive  committee  rooms."  The  meet- 
ing then  adjourned,  and  next  day  Mr  Crockett  ap- 
peared before  the  Committee  and  made  propositions 
v>^hicli  will  be  given  hereafter.  Mr  Crockett  thou  re- 
tired to  an  adjoining  room  at  the  request  of  the  Com- 
mittee and  waited  their  reply.     After  some  discussion 

(304) 


MR  COLEMAN'S  STATEMENT. 


305 


a  ((tumiitteo  was  appointed  consisting  of  Dempster, 
Smiley,  and  Truett,  to  wait  n  Mr  Crockett  at  his 
•  tiicc  that  evening  and  there  to  communicate  with 
MiiJ(»i-general  Sherman. 

Hear  now  what  Mr  Coleman  says:  "About  the 
same  time" — he  had  been  speaking  of  the  proposi- 
tidii  of  ex-Mayor  Webb,  and  others  hereinafter 
uioiitioncd  to  found  with  the  vigilance  committee  a 
new  Pticitic  States  empire — "General  Sherman  made 
ovi'itures  to  us,  through  Judge  Crockett,  and  other 
piomiuent  highly  respected  citizens,  to  the  effect  that 
if  the  Committee  would  not  resist  the  writ  of  habeas 
corpus,  one  great  difficulty  between  the  state  author- 
ity and  ourselves  would  bo  removed.  We  appointed 
a  ooinuiittee  of  conference  upon  this  and  other  sub- 
jects, and  reassured  the  general  and  the  state  author- 
ities of  our  desire  to  avoid  any  conflict  that  it  was 
practicable  to  escape;  that  we  most  cheerfully  ac- 
cejjted  the  proposition  to  admit,  accept,  and  allow  to 
be  surx'cd  any  regular  writ  of  habeas  corpus  that 
should  be  issued  by  the  regular  courts;  that  to  us  it 
had  been  the  most  embarrassing  question  we  had  had 
to  meet,  and  that  we  had  never  refused  the  writ, 
although  the  service  had  been  avoided,  and  it  was  laid 
at  our  door  that  we  had,  while  the  fact  was  that  the 
officer  havinu:  it  in  charge  had  retired  after  makincr 
a  faint  effort  at  service,  whereas,  energy  and  deter- 
miiiati(jn  on  his  part,  as  an  officer,  would  probably 
have  ])rocurcd  service. 

"We  further  told  them  that  we  would,  as  far  as  con- 
sistent with  our  undertaking  and  duties  to  ourselves, 
and  the  trust  that  had  been  charged  to  us,  do  every- 
thing to  avoid  not  only  seeming  conflict  with  the 
officers  of  the  law,  but  even  with  the  fair,  good  opinion 
of  any  of  our  citizens.  It  was  objected  that  our 
military  was  filling  the  streets,  making  unnecessary 
(lisphiy,  and  exciting  the  fears  of  one  portion  of  the 
oouuuunity  and  the  prejudice  of  the  others.  In  answer 
to  this  we  proposed  and  ordered  that  our  troops  should 

Pop.  Twb.,  Vol.  II.    20 


1 


30G 


FUTILE  ATTEMPTS  AT  RECONCILIATIOX. 


not  parade  the  streets  any  further,  except  it  be  in  an 
action  of  emergency  and  necessity,  and  under  Didors 
of  the  Executive;  and  we  went  so  far  as  to  make  vwrv 
proposition  we  could,  take  every  step  we  could  toward 
conciliation  and  peace,  and  stated  distinctly  that  what 
we  wanted  was  not  to  increase  our  work  nor  i\n'.  ap- 
pearance of  it;  not  to  increase  our  importance  nortlio 
appearance  of  it,  but  that  we  be  allowed  as  niiuli  as 
possible  to  be  left  alone  until  we  could  consuiuniate 
what  we  had  undertaken,  and  we  were  in  honor  buiiiid 
to  complete,  and  to  disband.  One  committee  of 
citizens  kindly  undertook  to  ask  the  governor  of  the 
state  to  withdraw  his  proclamation  which  ordered  the 
Committee  to  disband,  and  we  were  invited  to  join  in 
the  request,  which  of  course  we  could  not  accede  to, 
though  it  would  be  most  in  harmony  with  our  wishes, 
and  contribute  most  largely  to  our  ability  to  coneludo 
our  work,  if  the  governor  should  do  so,  and  remove 
one  of  the  great  irritating  causes  of  the  hour." 

After  these  several  consultations  of  the  Committee 
with  Crockett  and  Sherman,  Mr  Crockett  aslad 
several  gentlemen  to  unite  with  him  in  foriniii;^  a 
conciliation  committee  for  the  purpose  of  further 
attempts  at  reconciliation  between  the  peoj»le  as 
represented  by  the  Committee  and  the  people  as 
represented  by  the  governor,  the  general,  and  the 
judge.  These  communicated  with  the  governor  and 
desired  an  interview,  naming  Benicia  as  a  i)roper 
place,  lying  as  it  did  midway  between  the  metro]  mhs 
and  the  capital.  Accordingly  on  Saturday  the  7th  of 
June,  the  governor  and  his  advisers,  among  Avhoni 
were  Douglass,  secretary  of  state,  Volney  E.  Howard, 
Terry,  and  McCorkle,  came  down  as  far  as  Ixiiieia 
in  the  steamboat  Antelope,  and  the  citizens'  deputation 
went  up  the  same  evening  on  the  Bragdon.  Sherman 
also  was  there,  as  well  as  Jones,  of  Palmer,  Cook  and 
Company,  and  E.  D.  Baker. 

The  Sacramento  party  were  first  to  arrive  and  take 
up  their  quarters  at  the  hotel.     Shortly  afterward  the 


THE  BENICIA  CONFERENCE. 


Mf 


Sail  Francisco  ))arty  eiitored  the  hotel  and  notified 
llu-  <4()veiiior  of  their  readiness  to  wait  on  liini.  In 
a  sdiiicwhat  dictatorial  and  impertinent  maimer  they 
\V(  ro  in  formed  hy  Terry  and  Howard  that  they  could 
not  bo  admitted  to  the  governor's  presence  excej)t  ou 
written  application.  Smothering  for  the  good  of  the 
cause  the  feelings  arising  from  what  they  deemed 
c()iitLiiii)tible  if  not  insulting  conduct,  they  sent  in 
the  following  communication: 

"  Ben'icia,  June  7,  1858. 

"  T"  hix  Exallcncy,  J.  Kecly  Johnson,  Governor  of  California: — 

"Sir;  The  undersigiieil,  citizens  of  San  Franciaco,  on  their  own  behalf, 

ai:il  on  liuliulf  of  a  largo  portion  of  the  people  of  that  city,  respectfiillj'  ask  a 

pLisoiiiil  interview  with  your  excellency  touching  the  present  alarming  crisis 

ill  its  all'uii'. 

'•,).  11.  Crockett,  E.  W.  F.arl,  F.  W.  Macondray,  James  V.  Thornton,  II. 

S.  I'ooto,  .Tames  Donahue,  M.  11.  lloberts,  John  J,  Williams,  John  Siine, 

lialie  I'eyton,  E.  W.  P.  Bissell." 

They  were  then  permitted  to  enter  the  governor's 
[iiosonce.  J.  li.  Crockett  as  chairman  of  the  <lepu- 
tatiuii  informed  the  governor  that  he  and  his  associates 
wtio  in  no  wise  connected  with  the  Committee  of 
A'i;:;ihnice,  but,  actuated  solely  by  a  desire  to  prevent 
a  eolli.sion,  they  had  come  in  the  general  interests  of 
the  city.  He  could  not  speak  definitely  for  the  Com- 
mittee, but  he  felt  authorized  to  say  that  the  Commit- 
tee would  do  nothing  to  instigate  a  collision,  that  they 
would  desist  from  further  exhibition  of  armed  forces 
ill  the  street,  and  that  hereafter  they  would  yield 
tibediencc  to  all  writs  of  habeas  corpus.  The  deputa- 
tion, he  said,  had  visited  the  Committee  rooms  before 
leaving  the  city,  for  the  purpose  of  determining  a 
settled  plan,  but  time  had  failed  them  to  complete  it. 
Filially  ^Mr  Crockett  urged  the  governor  not  to  ])re- 
cipitato  the  crisis,  assuring  him  that  the  Committee 
would  soon  disband  voluntarily. 

During  the  conference  the  governor,  assuming  an 
air  of  complacent  bravado,  sat  with  his  feet  elevated 
smoking  a  cigar.  Terry  sat  with  feet  still  higher  and 
covered  head,  his   hat  drawn  partly  over  his  eyes. 


308 


FUTILE  ATTEMPTS  AT  RECONCILIATION. 


AVlicn  Mr  Crockett  had  finisl)C(l,  the  governor  stutid 
that  his  answer  would  bo  given  in  "writing,  Tlu- 
tlei)Utatiou  then  withdrew,  and  shortly  afterward  tlio 
following  coniniunieation  was  handed  thcni : 

"BK.NirtA,  Cal.,  Juno  7,  Is-'O. 
"  Jinn,  John  B.  Crockett  and  othorH,  committee  from  cUizeim  of  San  Fninnsi-ir— 
"Gestlemkn';  In  reply  to  tlio  verbul  communication  miulo  to  \m  this 
evening,  in  relation  to  tho  existing  condition  of  affairs  in  the  city  of  San 
Francisco,  I  have  to  say  that  the  hope  you  have  cxiiressetl  that  the  mili,i],|iy 
(litBculties  of  which  you  have  made  mention  may  terminate  without  1)l(ic]<l. 
Blied,  fully  accords  with  my  own  desire,  ami  I  can  assure  you  that  imtliing 
shall  bo  done  on  my  part  which  shall  not  imperatively  bo  rendered  necessjiry 
to  scenro  a  compliance  with  the  expcutivo  proclamation,  issued  by  me  on  tliu 
third  instant.  By  virtue  of  tho  constitution  of  this  state,  it  is  made  my  duty 
to  enforce  tho  execution  of  tho  laws.  This  duty  I  shall  perform,  ami  if  im- 
happily  a  collision  occurs,  and  injury  to  life  or  property  result,  the  ruspuiisi- 
bility  must  rest  on  those  who  disregard  the  authority  of  tho  state. 
"Very  re8i)ectfully,  your  obedient  servant, 

"J,  Neely  Johnson-." 

The  B)X(gclon  and  the  Antclope,wh\ch  had  awaited  at 
the  Benicia  wharf  the  conference  of  their  distiniiuisliL'd 
freight,  now  received  the  parties  on  board,  the  formci' 
that  of  the  governor  returning  to  Sacramento,  and  the 
latter  that  of  the  San  Francisco  deputation  which  re- 
turned to  the  city. 

"lu  the  eyes  of  all  calm  thinking  citizens,"  com- 
ments the  Sacramento  Union  on  this  conference,  "tho 
action  of  the  executive  at  Benicia  will  place  him  de- 
cidedly in  the  wrong.  The  members  of  the  comiuitteo 
of  citizens  unite  in  saying  they  were  never  before  so 
formally  and  discourteously  received  on  any  occasion. 
When  they  appeared  in  the  presence  of  his  excelloiu'V 
and  friends,  they  were  permitted  to  stand  during  the 
interview."  And  thus  t.'ie  True  Californian:  "Tlie 
governor  was  respectfully  approached  by  able  and 
conscientious  gentlemeii,  not  affiliated  with  the  Com- 
mittee, nor  bound  in  any  way  to  acknowledge  its 
power,  on  behalf  of  the  peace-loving  inhabitants  of 
this  city,  who  felt  it  a  sacred  duty  to  represent  to  him 
the  true  state  of  the  public  mind.  They  found  him 
surrounded  by  the  hottest  and  most  heedless  of  all  who 


COLEMAX  ON  THE  CONFEREN'CE. 


MN^ 


liavo  taken  ground  against  the  people,  and  met  with  a 
iv|»ulso  Jit  their  hands,  which  must  have  stunj^  thum 
^vith  mortification  and  shame." 

"These  gentlemen,"  says  Coleman,  speaking  of  the 
conciliation  committee,  "with  a  large  number  iA'  people 
Avaitetl  on  the  governor  at  Benicia,  represented  the 
stat(!  of  affairs,  and  as  far  as  I  understand  it  under- 
took to  be  mediators  between  the  state  authorities  and 
the  Committee,  requesting  the  state  authorities  to  de- 
sist from  threatened  forcible  military  action  against 
tlic  Committee,  and  promising  their  own  good  etloits 
and  the  cooperation  of  others  with  them  in  behalf  of 
an  early  restoration  to  the  normal  condition  of  affairs, 
it  this  could  be  assured  and  accomplished.    This  com- 
mittee were  provided  with  the  pledges  of  our  body  that 
they  would  cease  to  increase  their  military  establish- 
ment, cease  to  parade  the  streets  and  make  militaiy 
(lis})lays  and  demcnstrations,  allow  full  force  to  the 
^vl•it  of  habeas  corpus,  do  everything  on  their  part  re- 
(|uiied  towards  the  early  restoration  of  peace,  provided 
the  state  forces  were  disbanded,  and  wc  be  allowed, 
undisturbed,  as  above  indicated,  to  complete  our  work. 
All  this  effort  on  our  part,  all  our  overtures,  advances, 
concessions  were  unfortunately  misunderstood  to  mean 
Aveakncss  or  timidity  on  our  part,  and  it  was  thought 
a  lilting  time  on  the  part  of  the  governor  and  his  ad- 
viseis  to  make  a  more  bold  demonstration  than  ever, 
to  decline  every  proposition,  make  no  terms  with  us 
at  all,  and  carry  out  the  plan  of  intimidation,  or,  as  they 
fancied  it,  conquering  a  peace,  and  ordering  our  sub- 
mission.   Seeing  the  evident  effect  this  had  produced, 
regretting  sincerely  the  mistake  the  governor  and  his 
advisers  made,  not  only  as  to  our  views  and  wishes, 
not  only  as  to  our  strength  or  weakness,  but  also  what 
ve  regarded  as  a  blind  and  unstatesmanlike  policy  on 
his  part,  and  appreciating  in  the  fullest  degree  our 
responsibilities,  and  all  the  risks  and  hazards  and  perils 
of  our  position,  we  determined  that  there  was  but  one 
course  left  to  us,  and  that  was  a  calm,  courageous,  de- 


310 


FUTILE  ATTEMPTS  AT  RECONCILIATION. 


torniincd,  unremitting  effort  to  maintain  our  position 
and  accomplish  our  work,  by  a  vigorous  prosecution, 
it'  need  bo  a  dignified  silence,  a  determined  effort  in  tho 
direction  of  right,  and  a  strict  avoidance  of  wrongs 
towards  every  one.  We  therefore  withdrew  tlie 
j)roj)osition  we  had  made  through  tho  comniittoo  of 
citizens  to  the  governor  and  his  authorities,  and 
determined  to  meet  the  conflict  of  arms  as  nuuifullv 
as  we  could,  should  it  be  precipitated  upon  us,  and 
we  went  energetically  to  work  to  further  fortify  our 
military  position,  increasing  our  forces,  doubling  our 
vigilance,  strengthening  our  position,  and  redoubling 
every  eft'ort  and  precaution." 

So  indecent  were  Johnson  and  Terry  in  their  con- 
duct toward  Crockett  and  the  conciliation  comniittec, 
that  even  Sherman  became  ashamed  of  the  company 
he  was  keeping;  and  no  sooner  had  the  governor 
linished  his  written  answer  to  Crockett,  which  wa^; 
pronounced  by  the  general  to  be  so  scratched  and 
amended  to  suit  the  views  of  various  counsellors  that 
it  amounted  to  nothing,  than  Sherman  sat  down  and 
wrote  his  resignation.  It  was  inniiediately  acce[>t(.d. 
and  Volncy  E.  Howard,  a  lawyer  then  present,  and 
once  member  of  congress  from  Texas,  was  api)()intL'd 
to  the  place.  Thus  with  a  law-abiding  judge,  and  a 
law-abiding  general,  the  governor  was  prei)arc(l  to 
"sweep  the  danmed  pork  merchants  into  the  Bay." 

On  resimiing  his  commission  Sherman  indited  a 
connnunication,  "To  my  friends  in  California,  m 
which  he  stated  that  he  was  not  an  advocate  of 
the  Vigilance  Committee,  but  that  when  he  had  re- 
ceived the  order  of  the  governor  to  organize  tho 
militia,  he  promised  when  a  sufficient  number  wore 
enlisted  to  e(piip  and  muster  them  into  the  service  of 
the  state.  "  I  based  my  promise,"  said  he,  "of  arming 
the  enrolled  militia,  on  a  verbal  assurance  given  to 
(governor  Johnson  by  General  Wool  in  my  presence, 
to  issue  from  the  United  States  arsenal,  on  a  ]»iii|)er 
i'e(j[uisition,  such  arms  and  munitions  of  war  as  the 


"WOOL,  SHERMAN,  AND  JOHNSON. 


811 


ciiuri]foncy  might  call  for.  It  is  now  no  longer  a 
secret,  that  when  the  written  requisition  was  made, 
G(  neial  Wool  had  changed  his  mind,  and  had  discov- 
ered that  he  had  not  the  legal  power  to  grant  the 
rei)Uest. 

TJio  tciior  of  these  words  places  General  Wool  in 
tlie  |)(wition  of  having  made  a  promise  and  failed  in 
keeiihii;  it.  This  is  not  true.  General  Wool  never 
waveivd  nor  changed  his  mind.  He  promised  arms 
whenever  a  proper  requisition  was  made,  whenever  he 
w;is  directed  by  the  president  to  turn  them  over  to 
the  governor.  Wool  was  convinced,  all  the  time,  that 
lie  had  no  right  to  grant  the  governor  the  use  of 

I  lilted  States  arms  without  being  so  directed  by  the 
authorities  at  Washington.  Volney  E.  Howard  and 
]'].  1 ).  Baker  waited  on  Wool  and  endeavored  to  in- 
tiiiii(hite  him,  threatening,  in  case  he  persisted  in 
rel'usiiig  the  law  and  order  party  the  use  of  United 
States  arms,  to  report  him  at  Washington.  The  eye 
of  tlie  old  veteran  Hashed  and  his  form  rose  perceptibly 
i:i  stature.  "I  think,  gentlemen,  I  know  my  duty,  and 
in  its  })erformance  dread  no  responsibility,"  he  said,  as 
he  howed  them  from  the  room. 

Further  than  this,  it  appears  that  Johnson  became 
dissatisfied  on  account  of  Sherman's  delays  and  ex- 
rii>es.  The  governor  was  eager  for  war.  His  proc- 
lamation had  no  more  effect  on  the  people  than  a 
paper  bullet.  Sherma?i  was  ready  enough  to  fire  on 
the  citizens,  but  he  must  have  men  and  muskets.     So 

II  ley  (piarrelled,  and  Shern^  ui  felt  bound  to  afford 
Jtihnson  an  oj)portunity  ''to  select  some  representative 
heie  whose  ideas  were  more  consonant  with  liis  own." 

"Sherman  has  resijjned  his  commission,"  says  the 
lliilli'liu  of  June  9th,  "General  Wool  lias  refused  to 
i^iaiit  the  reactionists  aid,  and  tlie  enrolments  wliicli 
Were  to  number  myriads  barely  reach  on  paper  the 
tenth  f  .  '  of  the  predictions  of  the  law  and  mui'der 
piess.  The  governor  is  still  firm,  but  it  is  the  firni- 
Jiess  of  the  quadruped  most  noted  for  its  stupidity." 


■ 


m 


312 


FUTILE  ATTEMPTS  AT  RECONCILIATION'. 


Johnson  and  Sherman  manifested  great  snr|)iise 
when  some  one  informed  them  that  if  they  expected 
arms  and  ammunition  from  General  Wool  they  would 
be  disappointed.  Sherman  immediately  wrote  Wool 
saying  that  any  hesitation  on  his  part  would  com- 
promise him,  Sherman,  as  a  man  of  truth  and  honor-^ 
which  was  indeed  a  matter  of  great  moment  to  tlio 
world,  the  cause  in  comparison  being  nothing — add- 
ing "that  I  did  not  believe  we  should  ever  need  tlu,- 
arms,  but  only  the  promise  of  them,  for  the  Coninut- 
tee  were  letting  down,  and  would  soon  disperse  und 
submit  to  the  law."  This  was  not  a  true  statenicut 
in  tln-ee  particulars.  Sherman  well  knew  that  the 
Committee  would  fight  if  necessary,  that  they  uvwr 
were  stronger,  their  entliusiam  never  was  higher,  and 
that  their  numbers  and  efficiency  were  daily  and 
hourly  increasing,  and  that  the  arms  would  be  usnl, 
and  on  their  use  would  depend  their  success.  To  this 
letter  General  Wool  simply  but  firmly  denied  cwr 
having  made  such  a  p-^-omise.  The  governor  was  \rvy 
angry,  denounced  Wool  as  a  "damned  liar,"  whom  Ik' 
woidd  never  aijain  recognize  as  an  officer  or  a  ovntk- 
man. 

Johnson  also  wrote  Wool,  though  he  would  noitlur 
see  nor  speak  to  him,  nor  even  lodge  tmder  tlu  >aiiK' 
roof  with  him,  so  greatly  had  his  understanding  1h  cu 
offi}nded.  Says  the  governor  to  General  Wool,  under 
date  of  the  7th  of  June : 

"It  ia  now  manifest  that  the  power  of  the  military  of  this  state  is  urgently 
and  absolntt'Iy  demanded  for  the  suppression  of  sucli  disregard  of  the  cmisti- 
tution  and  laws,  and  for  that  object  a  largo  military  force  is  now  in  wuv>v  i>t 
organization,  under  my  sanction  and  authority.  It  is  a  large  force  w  c  w  ill 
necessarily  have  to  encounter;  and  for  the  due  protection  and  niaintciiiiiKO 
of  the  authority  of  the  state,  I  now  request  of  you  a  suthcient  supply  of  :irin.-, 
accoutrements,  and  munitions  of  war  for  the  use  of  the  sfcite  forces;  ninl  I 
guivrantee,  as  the  executive  of  the  state,  that  the  same  shall  be  retunitil  or 
jNiid  for, 

"Very  I'cspcctfully,  your  obedient  servant, 

"J.  jN'eely  Joiixsox,  Governor  of  CaVij'or)'<i. 

^' Major-general  John  E,  Wool,  ComtnaudiiKj  Pacijic  JJirision,  U.  iS.  A., 
Bvuicia. 


prom 
Pclf.  ■ 
that ; 
as  I  \ 
fdUiV 
li.' 
Stainl 
liuml 
muni 


GENERAL  WOOL'S  LETTER. 


313 


'$■'■ 


"P.  S.— On  a  former  occasion,  to  wit,  the  31st  day  of  Maj-,  IS.Ti,  you 
pioiiii.-Lil  nic,  on  the  happening  of  a  certain  contingency,  inilicated  liy  your- 
self, wlik  li,  from  the  foregoing  communication,  you  will  perceive  liiia  occurred, 
that  you  would  furnish  on  my  order,  as  the  governor  of  the  state,  such  arms 
as  I  wanted.  I  douht  not  you  will  not  hesitate  in  the  present  emergency  to 
iciniply  with  the  request  now  prefcrud;  and  that  the  order  I  now  make  may 
1)0  rtndcri'd  more  specific,  I  will  ask  that  you  furnish  me  with  tiiree  thousantl 
st.'iiid  iif  muskets  or  rifles,  fifty  rounds  of  ammunition,  two  mortars,  three 
liuiKlii'd  shells,  and  two  guns  of  as  large  calibre  as  you  have,  with  their  am- 
munition and  appliances. 

"J.  Neely  Jouxson,  Governor  of  California," 


«i 


General  Wool's  reply  to  this  letter  simply  stated 
that  Governor  Johnson  was  mistaken  in  the  matter 
of  promise  and  that  he  did  not  deem  it  judicious  to 
i>i)i])ly  with  his  request.  As  the  general's  I'oa.sons  for 
1  icl'usal  arc  more  fully  set  forth  in  a  letter  directed 
t  I  Governor  Johnson  in  answer  to  a  chai;L>o  of  falsified 
jii'oniiso  preferred  by  tlic  governor  before  the  author- 
ities at  Washington  I  insert  it  hero. 


Si 


"  Head-quatiters,  Departmen-t  of  the  PAriFIC,  "I 
Benicia,  Cal.,  September  17,  1800.     / 


'.Sir: 


"111  your  request,  dated  the  19th  of  Juno,  to  the  president  of  the  United 
States  Inr  aid  and  assistance  in  the  enforcement  of  the  laws  of  California ;  and 
that  lie  might  the  better  understand  the  propriety  of  readily  granting  such  rc- 
iHiist,  ynu  beg  leave  to  present  a  brief  recital  of  events  which  have  recently 
transpired  and  rendered  necessary  such  application. 

"Ill  yiiur  I'erital  of  event.s,  you  say  that  'on  the  3d  day  of  June  I  issued 
a  p  o(  laiiiiition  declaring  the  county  of  San  Francisco  in  a  state  of  insurrection, 
Tiidemnil  VCool  I  iiad  previously,  in  a  personal  interview,  detailed  the  oon- 
ili'iiiM  lit  ..il'iiirs,  ( I  which  matters  he  was  fully  informed  otlierwise.  At  such 
iiiti  vi'  vs  ,  •  irl'csitatingly  promised  me,  on  the  representation  made  iiim 
tluit  .-o  \vv\r  Juust  wholly  destitute  jf  arms,  and  of  ammunition  we  had 
none,  to  tu;-nisi'  •'\  i\v  i"quisition,  when  we  wanted  them,  such  arms  and  am- 
munition as  1  desi  All.' 

"Tliat  you  should  have  made  this  declaration,  that  I  'unhesitatingly' 
pi'iiiiiiseil  you  arms  and  anuuunition-gro;\tly  surpriseil  me;  for  it  is  not  pos- 
eiljle  it  should  have  escaped  your  recollection  that,  when  you  verbally  applied  to 
me,  on  our  first  interview,  for  ai'ms  and  ammunition,  at  my  lodgings,  on  tlu! 
!!Otli  if  May,  I  'unhesitiitingly '  told  you  that  I  had  no  authority  to  furnish 
ymi  witii  tliem;  that  the  authority  in  such  cases  rested  with  tlus  president  of 
the  I'e  ,ed  States.  See  my  letter  addressed  to  you  0th  of  .June.  1  also  told 
yi'U.  time,  that  an  ollicer  for  issuing  arms,  in  a  case  somewhat  analogous 

tut:         •    rrsentcd  by  you,  was  dismissed  the  service  by  Tresidcnt  Jackson. 


m 


314 


FirilLE  ATTEMPTS  AT  RECONCILIATION. 


"Previous  to  which,  however,  you  presented  in  c'^ta^l  the  condition  of 
affairs  in  San  Francisco,  when  I  remarked  that  you  had  lost  the  golden  oppor- 
tunity of  putting  down  the  Vigilance  Committee ;  that  it  should  have  ln;en 
resisted  at  the  jail,  which  ought  not  to  have  been  surrendered  without  resist- 
ance. You  replied  that  it  could  not  have  been  done  at  that  time,  for  ;i  large 
majority  of  the  citizens  of  San  Francisco  were  in  favor  of  the  Committee. 
You  further  said  that  Casey  and  Cora  merited  their  fate,  and  if  the  prisoners 
then  in  custody  of  the  Committee  were  sent  away  it  would  be  a  great  l>lu:»ini' 
to  the  country ;  and  if  the  Committee  would  stop  there,  you  would  not  inter- 
fere with  its  proceedings.  You,  however,  being  satisfied  that  sucli  would  not 
be  the  case,  and  that  it  intended  to  go  on  in  its  unlawful  proceedings,  had  de- 
termined to  arrest  its  further  progress.  Believing,  from  your  own  stitenient, 
that  a  large  majority,  not  only  of  the  citizens  of  San  Francisco,  but  of  tlie 
state,  were  in  favor  of  the  Vigilance  Committee,  I  advised  against  too  luucli 
precipitation ;  and  as  you  had  waited  so  long,  some  ten  or  twelve  days,  m  itii- 
out  adopting  any  'i  c'cnt  measures  to  stay  its  proceedings,  I  said  a  few  days' 
longer  delay  coult.  i"  trm.    You  said,  however,  the  time  for  action  had 

ariivctl,  and  that  the  .mittee  must  either  be  put  down  or  arrested  in  its 
unlawful  course.  Such  wm  substantially  the  conversation  whicli  passed  be- 
tween you  and  myself  at  our  first  interview.  After  the  declaration  made  at 
that  time,  that  I  had  not  the  authority  to  furnish  you  with  arms— that  tiie 
authority  rested  with  the  president — it  appears  to  me  passing  strange,  and  it 
i)  Ijcyond  my  comprehension,  that  you  should  have  asserted  in  your  eiminiu- 
i.ioation  to  the  president  that  I  unhesitatingly  promised  you  arms  and  anuuii- 
nition.  But  if  such  was  the  case  how  came  Major-General  Sherman,  during 
your  visit  to  Vallejo,  to  call  your  attention  to  the  fact  that  I  had  not  [ironiised 
you  arms  etc.,  and  that  you  should  obtain  the  promise  from  me  before  you  left 
Benicia?  Accordingly,  as  he  states,  whilst  at  the  steamboat-lauding  you 
called  me,  with  the  general,  aside,  no  one  else  being  present,  when,  uecording 
to  his  statement,  I  promised  to  issue  from  the  United  States  arsenal,  >n  a 
])roper  requisition,  such  arms  and  munitions  of  war  as  *'.i  emergency  might 
call  for.  There  is  a  wide  difference  between  your  assertion  and  his  as  to  tlie 
promise.  It  appears,  however,  from  his  statement,  that  the  promise  was  not 
made  unhesitatingly,  but  twenty-four  hours  after  the  first  interview,  and 
after  you  returned  from  Vallejo,  and  while  on  the  steamboat  wharf,  '.viierc  I 
went  to  take  leave  of  you  on  your  return  to  Sacramento ;  and  that  tlie  arms 
and  ammunition  were  to  bo  issued  '  on  a  proper  requisition,'  and  'as  the  enier. 
gency  might  call  for.'  Whether  I  made  the  promise  as  asserted  by  ynursulf 
or  Major-general  Slierman,  cannot  materially  affect  the  matter  at  issue.  T!io 
question  you  had  under  consideration  was  of  tlic  highest  importanee  — ono 
which  might  no  less  involve  the  destruction  of  a  city  than  the  lives  of  many 
citizens,  besides  the  welfare  and  prosperity  of  California.  Under  tiiese  cir- 
cumstances, I  could  not  doubt,  before  commencing  operations,  you  wduid  ex- 
amine all  the  laws  bearing  on  the  question — those  of  the  United  Stivtcs  as  well 
as  this  state.  The  object  for  which  you  desire  to  obtain  arms,  as  you  stated, 
was  to  maintain  the  majesty  of  the  law,  and  to  put  down  tho;  j  who  were 
violating  it.  Even  if  I  had  promised  you  arms,  without  reservation  or  (juali- 
tication,  would  you  have  insisted  upon  my  fullilling  the  promise,  if  you  di.s- 


THE  GOVERNOR  REBUKED. 


ms 


covered  that  it  was  in  violation  of  law?  I  am  unwilling  to  believe  that  you, 
tlic  executive  of  the  state,  bound  to  see  the  laws  faitlifully  executed,  would 
vi.ilatc  theni,  and  certainly  not  to  urge  it  upon  myself.  As  your  object  waa 
to  enforce  respect  and  obedience  to  the  laws  of  California,  you  certainly  ought 
not  to  censure  or  complain  of  me  because  I  would  not  comply  with  a  verbal 
promise,  of  which  I  have  not  the  slightest  recollection,  when  such  a  compli- 
ance would  be  a  gross  violation  of  the  laws  of  the  United  States.  You  may 
say  that  I  ought  to  have  known  what  the  law  was  before  making  the  promise. 
I  (lid  know  it,  and  communicated  it  to  you  at  our  first  interview,  and  there- 
fore it  is  that  I  cannot  bring  myself  to  believe  that  I  could  have  made  any 
promise  incompatible  >vith  the  law.  If  it  was  incumbent  on  me  to  know  the 
law,  it  certainly  was  much  more  so  on  your  part,  in  this  particular  case.  If 
you  had  known  the  laws  bearing  on  the  question,  I  cannot  believe  that  you 
would  at  the  time  have  issued  your  proclamation,  applie<l  to  me  for  arms,  or 
aiii)ealed  to  tlie  president  for  aid  in  enforcing  the  laws  of  California.  For  your 
priielanmtion  of  the  .3d  of  June  declares  'the  county  of  8an  Francisco  in  a 
state  of  insurrection, '  and  it  is  i .;  "xactly  such  a  state  of  things  that  any  officer 
under  the  president  is  prohibited  oy  the  law  of  Congress  from  issuing  any 
arms  or  munitions  of  wax*.  Your  first  official  application  for  arms  was  made 
on  the  ith,  and  your  second  on  the  7th  of  .June.  Both  were  olFicially  declined, 
tlie  lirst  on  the  5th  and  the  second  on  the  9th — when  I  officially  infonned  you- 
tliat  the  authority  to  comply  with  your  request  belonged  exclusively,  in  such 
'■ises,  to  the  jiresideut  of  the  United  States,  of  wliich  I  also  informed  you  at 
our  tirst  interview,  30th  May. 

' '  In  conclusion,  I  would  merely  say,  from  a  remark  in  your  comnmnication 
tn  the  president,  and  the  sayings  of  some  of  your  special  friends,  that  I  was 
inlhieneed  by  some  of  the  Vigilance  Committee,  or  their  sympathizers,  tliat 
yourself  and  suite,  numbering  four  altogether,  and  Colonel  Baker,  and  Volney 
]•].  Howard,  are  the  only  persons  who  called  ou  me  to  consult,  advise,  or  con- 
verse upon  the  subject  of  the  contest  waged  between  the  Vigilance  Committee 
and  the  law  and  order  party. 

"I  am,  sir,  very  respectfully,  your  obedient  servant, 

"Joiix  E.  Wool,  Major-general. 

"  To  His  Excellenci/  J.  Neebj  Johnson,  Qovernor  of  California,  Sacramento, 
Cal." 

No  one  can  read  tliLs  manly  and  dia^nified  letter  of 
the  veteran  ^ifeneral  without  beinf^  satisfied  of  the  iii- 
tinnity  of  the  writer  and  the  truth  of  his  words.  The 
(|uiL't  rebuke  of  the  govei'nor's  course  is  all  the  more 
etioctive  in  view  of  the  absence  of  abusive  epithets 
such  as  might  not  unreasonably  be  looked  for  in  a 
luilitary  man  upon  whom  the  charge  of  failure  to  keep 
a  pi'omise  had  been  laid. 

There  are  many  happy  wives  to-day  in  California 
who  may  thank  Wool  and  Farragut  that  they  are  not 


310 


FUTILE  ATTEMPTS  AT  RECONCILIATION. 


widows;  many  sons  and  daughters  who  may  thank 
these  humane  officers  that  they  are  not  orphans.  To 
them  is  due  that  rare  reward,  the  honor  of  mindiuo; 
their  own  business. 

"  No  circumstances  have  transpired,"  says  the  Sacra- 
mento Union,  "since  the  great  moral  movement  com- 
menced in  San  Francisco,  which  have  gone  so  far  to  con- 
vince us  that  a  blood-thirsty,  ferocious,  if  not  demoniac 
disposition  controlled  the  councils  of  the  state,  as  those 
of  secretly  shipping  arms  to  San  Francisco,and  applying 
to  the  general  government  for  aid.  These  transac- 
tions go  far  to  exhibit  the  fell  spirit  which  guides  the 
acts  of  the  generals  and  officers  of  state.  The  first 
proves  them  capable  of  secretly  furnishing  the  means 
to  take  the  people  by  surprise,  and  of  shooting  all 
citizens  of  San  Francisco  in  the  streets,  and  in  their 
own  houses,  unless  they  surrendered  unconditionally 
to  these  new-fledged  tyrants.  These  temporary  offi- 
cials seem  disposed  to  act  as  arbitrarily  as  if  they 
were  hereditary  princes,  despots  of  the  first  water, 
born  to  rule  and  ride  over  their  subjects.  They  for- 
get that  they  only  hold  power  for  a  day,  and  only  as 
trustees  and  agents  for  the  people.  The  people  are 
the  principals,  and  if  their  agents  put  on  too  many  of 
the  airs  of  despots,  of  petty  tyrants,  they  may  con- 
sider it  necessary  for  their  own  protection  to  remove 
their  agents  and  put  others  in  their  places." 

One  should  hear  the  classic  tongue  of  Mr  Dows  to 
gain  an  idea  of  the  feeling  of  the  Committee  to  this 
day  toward  General  Sherman.  "Sherman  was  op- 
posed to  it,"  says  his  dictation,  "and  talked  like  a 
damned  fool  in  some  communications  that  he  has 
made  since  about  what  he  did;  but  he  had  not  the 
means  and  could  not  have  done  anything  if  he  had 
tried,  and  would  have  found  it  a  damned  sight  worse 
job  than  walking  through  Georgia.  If  he  had  at- 
tempted to  do  anything  in  opposition  to  the  Commit- 
tee, we  would  have  strung  hnn  up  as  we  would  a  dog. 
Farragut  was  our  friend,  as  far  as  he  could  be  with 


SHERMAN'S  DLVBOLISM. 


317 


propriety  in  his  position,  as  an  officer  of  the  govern- 
ment." 

That  Sherman  really  intended  to  carry  into  execu- 
tion his  plan  of  bombardment  in  case  he  had  the 
power;  that  he  was  by  nature  so  blood-thirsty  and 
by  education  so  fanatically  cruel  as  to  slaughter  a  city 
full  of  free  intelligent  citizens  of  the  United  States 
whose  only  crime  was  virtue,  whose  only  misdeed  was 
a  pure  unselfish  effort  to  cleanse  their  political  and 
social  atmosphere  of  its  immoralities,  I  could  not  my- 
self believe  but  for  his  own  reiterated  assertions,  as- 
sertions in  which  he  seems  to  take  much  military 
pride  and  personal  satisfaction.  Some  of  the  best 
men  of  the  vigilants  came  to  me  and  remonstrated, 
he  boasts,  "saying  that  collision  would  surely  result; 
that  it  would  be  terrible,  etc.  All  I  could  say  was 
for  them  to  get  out  of  the  way.  Remove  your  fort; 
cease  your  midnight  councils;  and  prevent  your  armed 
bodies  from  patrolling  the  streets."  Again,  when 
Crockett  and  his  party  attempted  conciliatory  meas- 
ures: "I  told  them  that  our  men  were  enrolling  very 
fast,  and  that,  v  hen  I  deemed  the  right  moment  had 
come,  the  Vigilance  Committee  must  disperse,  else 
l)loodshed  and  destruction  of  property  would  inevi- 
tably follo^y." 

^Meanwhile,  Judge  Terry  was  putting  forth  his 
utmost  exertion  to  stir  up  enmity  toward  the  Com- 
mittee, and  Olney  was  ordered  to  present  a  stronger 
defense  as  the  Executive  would  hold  him  responsible 
not  only  for  the  safety  of  the  prisoners  but  of  the 
jM'emiscs  likewise.  Round  Fort  Vigilance  the  streets 
were  cleared  for  a  distance  of  two  blocks  in  every  di- 
rection. Six  brass  pieces  were  made  ready.  Within 
the  breastwork  of  gunny  bags  were  placed  one  liun- 
<lred  French  musketc^ers,  with  two  cannon  pointing 
up  Sacramento  street  and  two  pointing  toward  the 
direction  of  the  moral-effect  craft  the  John  Adams. 
On  the  roof  were  swivels  loaded  with  grape;  the 
guard,  both  police  and  military,  were  constantly  under 


m 


FUTILE  ATTEMrXS  AT  RECONCILIATION. 


bring 


out  the 


arms,  and  the  triangle  was  ready  to 
entire  force  at  a  moment's  notice. 

A  proposition  was  made  the  Committee  the  2(1  of 
June  by  ex-Mayor  Webb  and  other  influential  men 
of  San  Francisco  in  view  of  the  present  state  of 
things  to  call  an  extra  session  of  the  legislature.  They 
were  confident  that  body  would  have  a  majority  iu 
favor  of  vigilance,  and  control  the  apparently  rash 
and  inimical  action  of  the  governor.  The  Committee 
deemed  the  proposed  action  inexpedient;  but  whether 
taken  or  not  the  Committee  could  have  nothing  to  do 
with  it,  the  seventh  article  of  their  constitution  [)ro- 
hibiting  them  the  consideration  of  any  political  meas- 
ure whatever. 

The  principle,  assuredly  paradoxical  as  applied  l)y 
adherents  to  constitutional  forms  of  secession,  now 
besran  its  manifestation  on  these  shores.     Southern 


discontents 


argued 


that  division 


among 


the  states 
was  mevitable,  and  that  as  the  Pacific  Coast  was 
separated  from  the  Atlantic  geographically,  so  it  was 
destined  shortly  to  be  politically.  Here  was  a  s|iot 
designed  by  nature  and  circumstance  for  the  founchng 
of  an  independent  empire,  and  accident  had  opened 
the  way  for  its  initiation.  The  first  bold  step  toward 
separation  had  unconsciously  been  taken,  and  now  for 
the  Vi<;ilance  Committee  to  declare  California's  iude- 
pendence  of  the  United  States  would  be  a  grand  be- 
ginning of  glory.  It  would  be  a  movement  eminently 
popular  with  their  opponents,  who  the  moment  their 
prejudices  and  interests  demanded  the  downfall  of  law 
were  ready  to  cry  up  the  rights  of  the  people  as  lust- 
ily as  any.  Then  the  Mulligans,  and  Sullivans,  and 
Brannagans,  and  Bulgers  they  might  strangle  to  their 
hearts'  content;  greater  game  than  petty  muni(ii)al 
oflSce  should  hereafter  be  the  object  of  their  sacred 
aspirations. 

That  there  were  some  in  the  Committee  whose  affec- 
tions were  with  state  secession  there  can  be  no  doubt; 
but  that  the  body  as  a  whole,  composed  as  it  was  of 


SECESSION  SUGGESTED. 


819 


nine  tenths  northern  and  foreign  non-political  mer- 
chants and  mechanics,  favored  separation  from  the 
(Tovoinmcnt  of  their  fathers,  or  ever  dreamed  of  it, 
or  ever  would  have  entertained  the  proposal  for 
a  luoincnt,  no  intelligent  person  ever  imagined. 
"  True,"  says  Mr  Coleman,  in  speaking  upon  this 
suliject,  "wo  were  technically  rebels,  as  we  had  nomi- 
nally resisted  the  law,  and  had  taken  it  into  our 
hands;  but  it  was  purely  technical,  for  no  more  loyal 
citizens  existed  in  the  broad  domain  of  the  Union 
tlum  in  our  ranks." 

Some  three  or  four  weeks  after  the  organi^^ation  of 
the  association,  the  editor  of  the  Bulletin  notified  tho 
Executive  that  Balic  Peyton,  H.  S.  Foote,  and  others 
had  offered  an  article  for  publication  which  they  de- 
sired the  Committee  to  endorse.  Truett  and  Jessup 
\vere  sent  to  look  at  it;  they  pronounced  it  revolu- 
tionary and  wholly  opposed  to  the  views  entertained 
by  the  Executive,  so  that  it  was  not  printed.  These 
men  professed  great  friendship  for  the  Committee;  in 
a  confidential  way  they  informed  the  vigilant  delega- 
tion that  tliey  could  now  neither  go  back  nor  stand 
still,  that  unless  they  threw  off  the  government  en- 
tirely all  tlieir  necks  would  be  in  the  halter.  Think 
of  it,  eight  thousand  San  Franciscans  hanging  at 
once!  And  yet,  strange  to  say,  nobody  was  fright- 
ened. 

In  view  of  the  foregoing,  and  that  tho  people  of  tho 
coast  might  know  exactly  where  the  Committee  stood 
on  these  most  vital  questions  of  the  age,  the  Exec- 
utive determined  to  issue  an  address  settingf  forth  tho 
necessity  which  called  the  organization  into  existence, 
and  its  original  and  present  determination  to  disband 
the  moment  that  necessity  ceased  to  exist.  Further 
than  this  the  Committee  believed  their  labors  now 
about  at  a  close,  and  they  would  not  the  movement 
should  be  misunderstood,  or  the  organization  used 
by  act  or  implication  as  part  of  or  preliminary  to  any 
political  scheme.    This  was  right;  it  was  the  only  thing 


320 


FUTILE  ATTEMPTS  AT  RECONCTLIATIOX. 


II 


to  do.  Yet  an  unanticipated  evil  immediately  grow  out 
of  it,  which  was  exciting  the  opposition  to  increased 
efforts,  when  they  saw  the  association  could  not  be 
brought  under  party  influence.  Though  this  in  truth 
was  no  evil,  as  the  sequel  shows.  Herewith  I  give 
the  address  which  appeared  in  the  journals  of  the  9th 
of  June.  It  was  written  by  Mr  Dempster,  Smiley, 
Hale,  and  Tillinghast  acting  as  a  committee,  and 
compares  favorably  with  any  declaration  of  rights, 
or  of  independence,  ever  pronounced  by  an  oppressed 
people : 

"TO  THE  PEOPLE  OF  CALIFORNLA. 

"The  Committee  of  Vigilance,  placed  in  the  position  they  now  occupy  by 
the  voice  and  countenance  of  the  vast  majority  of  their  fellow-citizeus,  aa 
executors  of  their  will,  desire  to  define  the  necessity  which  has  forced  this 
people  into  their  present  organization. 

"Great  public  emergencies  demand  prompt  and  vigorous  remedies.  Tlie 
people,  long  suffering  under  an  organized  despotism  which  has  invaded  tlitir 
liberties,  squandered  their  property,  usurped  their  offices  of  trust  and  eiiiolu- 
inent,  endangered  their  lives,  prevented  the  expression  of  their  will  through 
the  ballot-box,  and  corrupted  the  channels  of  justice,  have  now  arisen  ia 
virtue  of  their  inherent  right  and  power.  All  political,  religious,  and  sec- 
tioual  differences  and  issues  have  given  way  to  the  paramount  necessity  of  a 
thorough  and  fundamental  reform  and  purification  of  the  social  and  political 
body.  The  voice  of  a  whole  people  has  demanded  imion  and  organization  as 
the  only  means  of  making  our  laws  effective,  and  regaining  the  rights  of  free 
speech,  free  vote,  and  public  safety.  For  years  they  have  patiently  waited 
and  striven,  in  a  peaceable  manner,  and  in  accordance  with  the  forms  of  law, 
to  reform  the  abuses  which  have  made  our  city  a  byword,  fraud  and  vioUnce 
have  foiled  every  effort,  and  the  laws  to  which  the  people  looked  for  pruttc- 
tion,  while  distorted  and  rendered  effete  in  practice,  so  as  to  shield  tlio  \ilc, 
have  been  used  as  a  powerful  engine  to  fasten  upon  us  tyranny  and  misiulo. 

"As  republicans  we  looked  to  the  ballot-box  as  our  safeguard  and  kiuc 
remedy.  But  so  effectually  and  so  long  was  its  voice  smothered,  the  votes 
deposited  in  it  by  freemen  so  entirely  outnumbered  by  ballots  thrust  iu 
through  fraud  at  midnight,  or  nullified  by  the  false  counts  of  judges  and  in- 
spectors of  elections  at  noon-day,  that  many  doubted  whether  the  majority  of 
the  people  were  not  utterly  corrupt.  Organized  gangs  of  bad  men,  of  all 
political  parties,  or  who  assumed  any  particular  creed  from  mercenary  and 
corrupt  motives,  have  parcelled  out  our  offices  among  themselves,  or  sold 
them  to  the  highest  bidders;  have  provided  themselves  with  convenient  tools 
to  obey  their  nod,  as  clerks,  inspectors,  and  judges  of  election;  have  em- 
ployed bullies  and  professional  fighters  to  destroy  tally-lists  by  force  and 
prevent  peaceable  citizens  from  ascertaining  in  a  lawful  manner  the  true 
uumber  of  votes  polled  at  our  elections ;  and  have  used  cunningly  contrived 


ADDRESS  OF  THE  COMMITTEE. 


8R 


ballot-1)Oxes,  with  false  sides  and  bottoms,  so  prepared  that  by  means  of  a 
BiiriiiL,'  or  slide,  spurious  tickets,  concealed  there  previous  to  tlio  election, 
couM  1)0  niingU'd  with  genuine  votes.  Of  all  this  wc  have  the  most  irrefra- 
galilu  proofs.  Felons  from  other  lands  and  states,  and  unconvicted  criminals 
e(iually  lis  had,  have  thus  controlled  public  funds  and  property,  and  have  often 
BinaM»u(l  sudden  fortunes  without  having  done  an  honest  day's  work  with  head 
or  liaiids.  Thus  the  fair  inheritance  of  our  city  has  l>een  embezzled  and 
B(iiian(li  red — our  streets  and  wharves  are  in  ruins,  and  the  miserable  entail- 
ment of  an  enormous  debt  will  bequeath  sorrow  and  poverty  to  another 
giiiiration.  Tlie  jury-box  lias  been  tampered  with,  and  our  jury  trials  have 
been  made  to  shield  the  hundreds  of  murderers  whoso  red  hands  have  ce- 
mented this  tyranny,  and  silenced  with  the  bowie-knife  and  the  pistol,  not 
only  tlie  free  voice  of  an  indignant  press,  but  the  shuddering  rebuke  of  the 
outni;,'C(l  citizen. 

"To  our  shame  be  it  said  that  the  inhabitants  of  distant  lands  already 
know  that  corrupt  men  in  office,  as  well  as  gamblers,  shoulder-strikers, 
ami  otlifi-  vile  tools  of  unscrupulous  leaders,  beat,  maim,  and  shoot  down 
with  impunity,  as  well  peaceable  and  unoH'ending  citizens,  as  those  earnest 
rufiiiiiiers  who,  at  the  known  hazard  of  their  lives,  and  with  singleness 
of  heart,  have  sought,  in  a  lawful  manner,  to  thwart  schemes  of  public 
pluiiilcr  or  to  awaken  investigation.  Embodied  in  the  principles  of  re- 
publican governments  are  the  truths  that  the  majority  should  rule,  and 
tli.it  when  corrupt  oflicials,  who  have  fraudulently  seized  the  reins  of  au- 
thority, tlesigncdly  thwart  the  execution  of  the  laws  and  avert  puni.sliment 
from  the  notoriously  guilty,  the  power  they  usurp  reverts  back  to  the  people 
from  whom  it  was  wrested,  llealizing  these  truths,  anil  contident  that  they 
were  carrying  out  the  will  of  the  vast  majority  of  the  citizens  of  this  county, 
the  Committee  of  Vigilance,  under  a  solcnin  sense  of  the  responsibility  that 
rested  upon  them,  have  calmly  and  dispassionately  wcighc<l  the  evidences 
before  them,  and  decreed  the  death  of  somo  and  the  banishment  of  others 
who  by  their  crimes  and  villainies  liad  stained  our  fair  land.  With  those 
that  were  banished  this  comparatively  moderate  punishment  was  chosen,  not 
because  ignommious  death  was  not  deserved,  but  that  the  error,  if  any, 
might  surely  be  upon  the  side  of  mercy  to  the  criminal.  There  arc  others 
scarcely  less  guilty,  against  whom  the  same  punishment  has  lieen  decreed,  but 
they  have  been  allowed  further  time  to  arrange  for  their  fiiml  departure,  and 
with  the  hope  that  permission  to  depart  voluntarily  might  induce  repentance, 
and  repentance  amendment,  they  have  been  suffered  to  choose  within  certaiu 
Uuiits  their  own  time  and  method  of  going. 

"Thus  far,  and  throughout  their  arduous  duties,  they  have  been,  and  will 
be  guided  by  the  most  conscientious  convictions  of  imperative  duty ;  and  they 
canu'stly  hope  that  in  endeavoring  to  mete  out  merciful  justice  to  the  guilty, 
their  odunsels  may  be  so  guided  by  that  Power  before  whose  tribunal  we  shall 
all  stand,  that  in  the  vicissitudes  of  after  life,  amid  the  calm  rellcctions  of 
old  ag(!  and  in  the  clear  view  of  dying  conscience,  there  may  be  found  nothing 
wc  would  regret  or  wish  to  change.  We  have  no  friends  to  reward,  no  ene- 
mies to  punish,  no  private  ends  to  accomplish.     Our  single  heartfelt  aim  ia 

the  public  good ;  the  purging,  from  cur  conmiuuity,  of  those  abandoned  char- 
Pop.  TwB.,  Vol,.  II.    21 


322 


FUTILE  ATTEMPTS  AT  RECONCILIATION. 


acters  whose  actiona  have  been  evil  continually,  nnd  have  finally  fmvc d  upon 
us  the  efTorts  wo  are  now  miikiug.  Wo  have  i.o  fyvoiitiHtn  ns  ii  limly,  wir 
shull  there  he  evinced,  in  any  of  our  nets,  either  partiiility  for  oi-  jm  jndice 
against  iiny  race,  Beet,  or  pr.rty.  While  thus  f;ir  we  liiivo  not  di  lovcumI  on 
the  part  of  our  constituents  any  indications  of  lack  of  conlidcntc,  and  Imve 
no  re;:soii  to  doubt  that  the  great  majority  of  the  inhabituuts  of  tin;  I'muty 
endorBU  our  acts,  and  desire  us  to  continue  the  work  of  weeding  (jiit  tlic  iiTf- 
claimable  characters  from  the  community,  we  have,  with  deei)  regret,  seen 
that  some  <.f  the  state  authorities  have  felt  it  their  duty  to  organize  a  Umv  to 
resist  us.  It  ia  not  impossiblo  for  us  to  realize,  that  not  only  those  w  lio  have 
sought  place  with  a  view  to  public  plunder,  but  also  those  gentlemen  who,  in 
accepting  oliiccs  to  which  they  were  honestly  elected,  have  sworn  to  Kiipjiort 
the  laWH  cf  the  state  of  California,  find  it  difficult  to  reconcile  their  nuppuseil 
duties  with  uequiescence  in  tlic  acts  of  the  Committee  of  Vigilance,  kIiuc  tiny 
do  not  reilect  that  perhaps  more  than  three  fourths  of  the  people  of  tliu  intiie 
state  sympathize  with  and  endorse  our  efforts,  and  as  that  all  law  eiimuatts 
from  tlic  people,  so  that,  when  the  laws  thus  enacted  are  not  exctiueil, 
the  power  returns  to  the  people,  and  is  theirs  whenever  they  may  cliuobc  tu 
c::c.'..i30  it. 

"These  gentlemen  would  not  have  hesitated  to  acknowlcd^^o  tlic  self- 
evident  truth,  had  the  people  chosen  to  make  their  present  ninvtiufnt  a 
complete  levolution,  recalled  all  the  power  they  had  delegated,  and  rci.ssiiwl  it 
to  new  jij^euls,  unt^.er  new  forms.  Xow,  because  the  p.eople  have  not  khii  lit  to 
resume  i.U  the  powers  they  have  contidcd  to  executive  or  legislativo  olikcis, 
it  certainly  does  not  follow  that  they  cannot,  in  the  exercise  of  lluii'  iuiaiont 
sovereign  power,  withdraw  from  coiTupt  and  unfaithful  servants  tiK'  uiuli  -ty 
they  have  used  to  thwart  the  ends  of  justice.  Those  olliceia  whose  ir' 
sense  of  duty  leads  them  to  array  themselves  against  the  determined  <: 
the  people,  whose  servants  they  have  become,  may  bo  respected,  wiiilc  i.iuir 
errors  may  bo  regretted;  but  none  can  envy  the  ftiture  relleetions  of  tiiiit  iu:in 
who,  whether  in  the  hect  of  malignant  passion,  or  with  the  vain  hope  of  iirc- 
serving  by  violence  a  position  obLiiined  t'u'ough  fraud  and  briber}',  sstis 
under  the  color  of  law  to  enlist  the  outcasts  of  society  as  a  hiniing  Miiilit'iy 
in  the  service  of  the  state,  or  urges  criminals,  by  hopes  of  plunder,  to  con- 
tinue at  the  cost  of  civil  war,  tlie  reign  of  ballot-box  stuffers,  suburncra  of 
witnesses,  and  tamperers  with  the  jury-box. 

"  The  Committee  of  Vigilance  believe  that  the  people  have  intrusted  to 
them  the  duty  of  gathering  evidence,  and,  after  duo  trial,  expellin,^-  frnni  tho 
community  tliose  rufiians  and  assassins  who  have  so  long  outraged  llif  ])('ace 
and  good  order  of  society,  violated  the  ballot-box,  overridden  law,  ."ml 
thwarted  justice.  IJeyond  the  duties  incident  to  this,  we  do  not  desiic  to  in- 
terfere with  the  details  of  government.  We  have  spared  and  shall  spiif  no 
effort  to  avoid  bloodshed  or  civil  war;  but  undeterred  by  tlireats  or  (ijixisiiig 
organizations,  shall  continue  peaceably  if  we  can,  forcibly  if  we  must,  this 
work  of  reform,  to  which  we  have  pledged  our  lives,  our  fortunes,  and  our 
sacred  honor.  Our  labors  have  been  arduous,  our  deliberations  lia\e  heen 
cautious,  our  detenniuations  firm,  our  counsels  prudent,  our  moti\i-d  pure; 
and  while  regretting  the  imperious  necessity  which  called  us  into  action,  we 


DELEGATED  TOWER  ONLY. 


323 


<  anxinnii  that  this  ncccasity  should  exist  no  longer;  and  when  onr  labors 
ill  liiivo  been  accomplished,  wiien  the  community  shall  bo  freed  from  the 
c\iU  it  has  ho  long  endured;  when  we  have  insured  to  our  citizens  an  honest 
nnil  vi^'ornus  protection  of  their  rights,  then  the  Committee  of  Vigilance  will 
tinil  ^rc'it  pleasure  in  resigning  their  power  into  the  hands  of  the  people,  from 
whom  it  was  received. 

"  rubliahcd  by  order  of  the  Committee. 

"No.  33,  Secretary." 
[Seal  of  tho  Committee.] 


i 


CHAPTER  XVIII. 

CONCURRENT     EVENTS. 

Gute  Menschen  konnen  sich  Icichter  in  schlimme  hincmdcnkcn,  ak  dicse 
*"  i'^^^'  Jean  Paul  Jlkhkr. 

The  actual  leader  of  the  politico -ruffian  clement 
during  the  crisis  of  1856,  as  well  as  of  the  more 
vulgar  slung-shot  and  burglar  clement  of  18ol,  was 
David  C.  Brodcrick,  whose  monument,  raised  by  ad- 
miring sympathizers,  stands  to-day  m  'pcrpetuwn  m 
memoriam  of  nobod}^  knows  what.  Others  have  been 
firemen,  bullies,  senators,  and  duellists;  others  have 
foolishly  fought  and  have  been  slain  for  their  fully. 
Piling  marble  upon  lifeless  bones  never  yet  made  noble 
the  deeds  of  tyrant  or  demagogue. 

The  31st  of  Ma}^  the  grand  marshal  reported  that 
David  Brodcrick,  Alexander  Campbell,  Austin  Sinitli, 
and  others  of  the  law  party  had  been  detected  exam- 
ining the  Committee  rooms  in  the  rear  of  the  vigilant 
premises  from  the  windows  of  Mills  and  Vantiue's 
store. 

The  same  day  the  National  Guards  held  a  meeting 
to  express  their  sentiments  respecting  a  call  made  on 
them  to  oppose  the  Vigilance  Committee.  The  eap- 
tain  affirmed  that  he  was  ready  to  obey  the  author- 
ities, but  the  members  of  the  company  to  a  hkui 
agreed  that  they  would  resign  and  join  the  Conmiit- 
tec  sooner  than  oppo  ;e  it. 

The  position  assumed  by  Sherman  and  othcr>^,  mili- 
tary men  and  federal  and  state  office-holders,  was  no 
expression  of  their  true  sentiments.  Hirelings  of  the 
government,  to  be  consistent,  must  support  the  gov- 

(331) 


LAW-AND-ORDER  MEETING. 


325 


crnmcnt.  I  am  uncharitable  enough  to  believe  that 
there  was  little  real  honesty  of  opinion  or  purpose 
amoni;  them.  Where  interest  has  a  voice  the  man 
liiinself  knows  not  if  he  be  honest. 

N<'arly  a  fortnight  had  elapsed  since  the  hanging 
of  Casey  and  Cora  before  the  law  and  order  party 
made  a  pronounced  demonstration.  Then  upon  the 
2(1  of  June  under  the  shadow  of  the  liberty-pole  they 
met  to  raise  the  cry  of  persecution  and  bandy  the 
state  catch -words  of  liberty,  constitution,  habeas 
corpus,  and  trial  by  jury.  There  were  many  men  of 
ability  in  the  ranks  of  law  and  order.  Men  of  ability 
need  bread  and  butter  as  well  as  fools,  and  indeed  it 
requires  more  ability  to  raise  money  by  any  vile  in- 
direction than  in  the  honest  way. 

Colonel  Baker  was  there  and  spoke  well.  The 
colonel  always  spoke  well.  He  had  a  gift  that  way. 
Speaking  was  his  business ;  he  made  his  living  by  it. 
Little  difference  it  made  to  him  what  was  to  be 
spoken,  he  could  speak  it  all  the  same.  When  he 
talked,  Judas  was  Peter,  and  Peter,  Judas.  Cora 
liked  to  hear  him,  though  ten  thousand  dollars  was  a 
r;ood  deal  to  pay  for  killing  one  man.  But  Belle 
Cora's  purse  was  deep  and  Richardson's  murderer 
held  the  strings.  "See  Cora's  defender!"  cried  the 
crowd.  "Ed.  Baker,  Cora,  and  ten  thousand  dollars ! 
Out  of  tliat,  you  old  reprobate  1" 

This  ]jaw  and  Murder  mass-meeting,  as  the  rabble 
christened  it,  was  held  on  the  plaza  at  two  o'clock  the 
(lay  before  mentioned.  Although  the  executive  com- 
itiittet!  had  given  orders  that  the  meetin<x  should  not 
lie  molested,  and  had  caused  to  bo  exposed  placards 
bearing  the  inscriptions:  "Members  of  the  Vigilance 
Conunittoe,  order  must  be  maintained,"  "Friends  of 
the  Vigilance  Committee  come  out  of  tlie  square,"  yet 
upon  the  ground  the  confusion  was  so  great  that  but 
little  was  effected.  Attempts  to  address  the  meeting 
were  made  by  Alexander  Campbell,  James  Wade, 
Calhoun  Bcnham,  Bronson,  Baker,  and  others,  but  the 


11 


326 


CONCURRENT  EVENTS. 


crowds  along  Brenham  place  and  on  tlie  house-tops 
by  their  shouts  and  ribald  jests  so  interrupted  them 
they  were  scarcely  able  to  proceed.  With  the  follow- 
ing resolution  the  meeting  adjourned : 

"liesolved.  That  it  is  the  sense  of  this  meeting  that  the  reign  of  lawanl 
order  should  be  resumed  in  the  city  of  San  Francisco,  and  that  a  tonniiiatioii 
should  be  put  to  the  present  excitement,  and  that  every  free  American  citi- 
zen be  remitted  to  those  inalienable  rights  which  a  free  constitution  aud 
equal  laws  assume  to  them. " 

"  I  once  thought,"  piteously  declaimed  Judge  Camp- 
bell on  this  occasion,  ''that  I  was  the  free  citizen  of  ;i 
free  country,  but  recent  occurrences  have  coiivinad 
me  that  I  am  a  slave,  a  slave,  gentlemen,  more  a  .situ  u 
than  any  on  southern  plantation,  for  they  know  tlitir 
master,  but  I  know  not  mine !" 

"Oh,  yes  yer  do,"  a  voice  in  heavy  baritone  was 
heard  to  say.  "You  know  your  masters  as  well  as 
anybody — two  of  them  were  hung  the  other  day." 

While  Calhoun  Bcnham  was  denouncinsjf  the  yov- 
crnor  and  deploring  the  condition  of  the  city  wliicli 
had  been  seized  by  a  mob,  robbed  of  its  sacred  liiilits 
and  its  liberties,  stricken  down  by  a  band  of  conspira- 
tors, a  large  Colt's  revolver  in  a  belt  round  his  waist 
was  under  his  coat  unwittingly  displayed  hy  him. 

"  See  there's  a  pretty  law  and  order  man!"  cried  one. 

"Yes,"  exclaimed  another;  "he  is  violating  the  Liw 
now." 

"  I  carry  this  weapon,"  replied  the  speaker,  "nnt  as 
an  instrument  to  overthrow  law,  but  as  one  to  u[)liolil 
and  protect  law." 

I  doubt  if  the  orator,  able  though  he  was,  realize  d 
the  profoundness  of  his  sophistry.  He  broke  the  law 
to  ui)liold  the  law;  of  what  more  could  their  woi>t 
enemy  have  accused  the  Vigilance  Committee? 

The  storm  of  Monday  was  followed  by  a  dead  calm. 
Tuesday,  the  3d  of  June,  the  day  between  the  law 
and  order  demonstration  on  the  plaza  and  the  pnMica- 
tion  of  the  general  orders  and  proclamation,  was  re- 
markable for  its  prevailing  stillness. 


THE  'HERALD'  IS  PERMITTED  TO  LIVE. 


827 


"T'lo  right  guaraiitood  in  tlio  writ  of  habeas  corpus" 
till'  I/crc/d  regarded  "as  of  all  the  acts  of  that  body 
till'  most  indefensible  in  its  committal,  and  the  most 
(laii'^i'iniis  and  detrimental  in  its  consequences.  For 
(ciituries  wherever  the  English  language  is  spoken, 
till'  inriingcment  of  this  right  has  been  looked  upon 
as  flic  deadliest  of  all  crimes  that  tyranny  can  perpet- 
iialf  against  the  liberties  of  a  free  people."  And  so 
tlic  vengeance  of  oft'ended  heaven  was  to  fall  on  San 
Francisco  because  the  Vigilance  Committee  would 
not  give  Billy  Mulligan  to  the  sheriff.  But  I  suppose 
tliis  journal  had  readers  who  would  have  acce})ted 
such  statements  as  true;  most  journals  have  believers 
ill  whatever  they  choose  to  print,  no  matter  how  non- 
sensical. On  the  face  of  it  an  assertion  like  this,  "The 
siisiK'iision  of  this  writ  by  the  Committee  of  Vigilance 
is  a  mortal  stab  at  the  freedom  of  this  people,"  is  too 
false  and  absurd  to  merit  notice  except  as  a  specimen 
ol"  ihe  morbid  law  and  order  literature  of  the  t\un\ 

The  following  burst  of  empty  eloquence,  a  })ait  of 
the  same  editoi'iid,  marks  the  malignant  man  of  <>enius: 

"  ISiit  tlio  worst  feature  in  thia  organized  deiiancc  of  the  ministers  of  tlie 
l:iv,  is  till.'  admixtiiie  of  an  alien  element  in  the  ranks  of  the  rebellion -i  liaud. 
Aiiiiricau  citizensi  may  bear  a  yoke  imposed  liy  Aiuerioan^ ;  a  deti'sfcitiiu  of 
lilon.lslnil  and  a  desire  to  avoid  the  horrors  of  an  internecine  war  may  make. 
nil  II  tulciate  many  wrongs  at  the  hands  of  their  fellow-citi/.ens ;  but  the  whole 
Kpirit  <jt  our  ]>eoi)le,  every  instinet  of  their  nature,  every  principle  in^fiiiled  in 
tlniii  in  cliildliood  revolts  against  the  humiliation  of  wearing  cliain^  tVirged 
liy  nil  n  w  ho  owe  no  allegiance  to  the  government,  and  who  have  ikj  sympathy 
^vi!ll  the  institutions  (jf  the  land.  (Jentlemen  of  the  (.'onmiittee,  in  this  you 
li.ive  made  a  fatal  mistake.  A\'hen  on  Saturday  evening  a  sworn  oljieer  of  the 
law  was  resisted  in  the  performance  of  his  duty  and  repulsed  witii  bayoin^ts 
li'iiii  \iiur  portals,  and  when  in  antieii)atiou  of  some  danger  your  lutire  force 
w;  s  I  ailed  out,  your  guard  was  doidiled,  your  wlioii'  aiiny  was  displayed  for 
tl;i  |iiii|iose  of  overawing  the  eitizeiss;  the  organs  of  your  despotism  ii>'\t 
i.H'iiiih;,'  ]iroilaimed  to  tlii^  world  with  approljatoiy  mention  that  the  I'reneli 
h.r.  ■liiun  had  charge  of  the  guns.  They  proelaimed  to  tiie  nation  tlie.-,ad  tale 
lii..;  ,i  mandate  from  the  highest  oiiieer  in  tlie  state,  the  judge  of  the  supi'cme 
>'i.a;.  \\ as  forcibly  lesisted  with  guns  manned  by  aliens.  We  ha\e  ail  read 
liov.  at  tlit^  dawning  of  tliis  great  r  public  a  vicious  and  tyrannical  niouareh, 
l»y  a  sordid  bargain,  employed  an  army  of  Hessian  bfiyonets  to  crush  out  tlio 
fic Mi(Jiii  of  a  people  stniggling  to  indepcudciicc.     Geutlumen  of  the  Connnit- 


yi 


8S8 


CONCURRENT  EVENTS. 


tee,  lias  your  action  furnished  no  parallel  for  this  great  historical  n-imc  ? 
Have  you  not  reproduced  tliat  act  of  turpitude  of  an  inglorious  dcsi)ot,  ;ia  act 
which,  more  than  any  other  sin  committed  by  George  the  Third  a;.'aiiis;  our 
people,  has  ever  since  rankled  bitterly  in  the  memories  of  the  American  nation? ' 

The  editor  who  wrote  thus,  who  filled  his  cohiinns 
with  rodomontade,  with  windy  hibernicisms  and  fal- 
lacious analogies,  feels  at  every  line  that  he  is  oii  the 
wrong  side  Compare  the  hired  Hessians  of  the  revo- 
lution with  the  Americanized  men  of  France  and  CJir- 
many  who  paid  for  the  privilege  of  joining  the  ^ivat 
San  Francisco  crusade  against  crime  by  contributions 
of  time  or  money,  as  did  indeed  every  member  of  tlio 
Connnittee.     Gibberish! 

The  baptist  clergyman,  Mr  Bryerly,  touched  the 
nerve  of  this  issue  between  the  people  and  the  author- 
ities when  he  let  lly  from  the  pulpit  the  following,  the 
Sunday  after  the  shooting  of  King: 

"Terrible  as  our  condition  is  and  great  as  is  the  ex- 
citement, see  to  it  so  far  as  your  acts  or  your  inlluencc 
are  concerned,  that  you  countenance  neither  directly 
nor  indirectly  any  act  above  law  or  contrary  to  law 
until  it  is  certain  that  its  performance  has  betoiiio 
absolutely  and  beyond  doubt  indispensable  to  the 
securing  of  the  ends  of  justice.  If  by  legally  con- 
stituted means  the  ends  of  right  and  justice  can  he 
reached  and  men  attempt  to  reach  them  by  other 
means  and  loss  of  life  or  other  injury  thereby  results, 
God  and  the  civilized  world  will  hold  the  peipetratoi.s 
responsible  for  these  results.  A  most  solemn  resjion- 
sibility  rests  upon  you  and  those  associated  with  you, 
and  in  the  sacred  names  of  God,  justice,  and  humanity 
I  charge  you,  neither  countenance  any  act  that  shall 
peril  life,  nor  in  appearance  even  seem  to  set  law  at 
defiance,  unless  interests  hiijher  than  all  legal  forms 
and  a  claim  more  imperative  than  your  own  exist tiur 
shall  make  the  act  a  necessity."  Thus  pondered  »'n  <  ry 
man  of  that  executive  committee  before  he  subscrilxd 
his  name,  his  honor,  and  his  life  to  the  cause.  And 
their  conclusion  was  right;  interests  higher  than  law 


DOIXGS  OF  THE  DAY. 


329 


and  claims  more  imperative  than  life  called  aloud  for 
action. 

The  effect  of  the  proclamation  was  to  strengthen 
bot!i  sides.  Opinion  hitherto  only  pronounced,  now 
took  the  form  of  action.  Those  who  sympathized  with 
that  side  joined  the  ranks  of  law  and  order;  of  the 
reinaiuder  of  the  community  some,  angry  at  the  un- 
warrantable interference  of  tlie  executive,  enrolled 
tlicnisulves  members  of  the  Vigilance  Committee. 
Others  feeling  driven  by  the  proclamation  to  the 
adoption  of  some  course,  took  sides,  some  joining  ono 
party  and  some  the  other. 

Says  tlie  Sacramento  Union  of  June  4tli  upon  the 
suljoc't:  "If  by  ordering  out  the  militia  of  the  state 
to  assist  Judge  Terry  to  serve  his  writ  of  habeas  corpus 
a  collision  follow  between  the  military  and  the  people 
in  wliifli  the  life  of  one  good  citizen  is  sacrificed,  the 
states  authorities  will  regret  it  as  long  as  they  live. 
Moro  than  this,  their  names  will  be  execrated  by  tlio 
peo[tli',  or  wo  are  greatly  in  fault.  An  attempt  to 
i'orci'  the  people  at  the  point  of  the  bayonet  cannot 
succoud.  Ours  is  not  a  government  founded  upon 
foivo;  it  rests  upon  public  opinion  and  the  will  of  the 
people." 

The  night  of  the  4th  passed  quietly.  Horsemen, 
solitary  and  in  couples,  made  the  rounds  of  tho  city; 
tour  men  with  bayonets  guarded  the  door  of  the  Corn- 
mil  it  ■(•  rooms  and  at  short  intervals  the  large  guard 
within  was  relieved. 

Thi'  law  and  order  party  affected  to  rejoice  greatly 
over  the  manner  in  which  the  call  of  the  governor 
was  tiuswered.  "A  number  of  companies,"  writes  the 
Ilcrdhrs  editor  the  5th  of  June,  "had  made  up  their 
niiistcr-roll  before  two  o'clock  this  morning.  A  num- 
Inr  of  others  have  nearly  completed  their  organization. 
Ijy  to-night  there  will  be  fully  three  tliousand  men 
cMi(»llod.  The  gallant  and  order-loving  sons  of  San 
Joaipiin,  the  mountain  men  of  Sierra,  of  Yuba,  of 
Kl  Dorado,  of  Placer,  and  of  Mariposa,  are  hastening 


ii 


I 


I  t 


330 


CON'CDURENT  EVENTS. 


joyously  and  cheerily  to  the  defense  of  the  constitu- 
tion. By  Saturday  night  there  will  be  in  this  city  a 
force  of  ten  thousand  brave  and  loyal  men." 

It  was  claimed  that  between  fifteen  and  eighteen 
hundred  men  were  enrolled  on  the  side  of  the  au- 
thorities on  the  4th  of  June,  though  not  more  tliaii 
sixty  names  were  handed  in  to  the  fiuarternuistoi- 
general.  At  Benicia,  when  Johnson  found  tliat  no 
arms  could  be  obtained  from  General  Wool,  he  threat- 
ened to  bring  down  twenty  thousand  miners  to  destroy 
San  Francisco;  but  Sherman  suggested  that  peiiiajjs 
the  miners  might  take  the  opposite  view  of  allair.s. 

Now,  said  the  men  of  authority  ^wre  divino,  now  wo 
shall  see  what  we  shall  see.  Hitherto  although  tho 
men  of  Belial  have  acted  against  the  authorities  of  the 
city  they  have  not  persisted,  being  under  tlie  ban  of 
the  state  executive.  We  shall  see  how  this  i)()litical 
excomnmnication  sits  upon  them,  how  tho  nieuihers 
will  act,  knowing  that  every  day  they  are  living  in 
open  violation  of  the  laws  of  their  country  and  laying 
themselves  liable  to  the  same  penalties  which  they 
are  endeavoring  to  inflict  on  others.  Henceforth  tliiie 
is  no  question  as  to  the  attitude  of  the  Vigilance  Com- 
mittee.  Every  act  now,  as  an  armed  organization,  i.s 
an  act  in  open  rebellion  against  the  eonmionwealth. 

All  l)lame  for  the  consequences  was,  as  a  matter  of 
course,  thrown  upon  the  Committee.  "We  can 
scarcely  imagine  any  criminality  so  utterly  tienthsh," 
they  cried  with  hands  in  holy  horror  uplifted,  "as  of 
malice  aforethought,  with  all  the  de})lorable  con- 
sequences before  their  eyes,  to  involve  this  city  in  the 
frightful  scenes  of  carnage  and  devastation,  wliich 
must  result  from  a  perseverance  in  the  present  eoui'sc 
of  the  Conmiittee.  We  cannot  believe  that  men  in 
their  proper  senses,  if  indeed  they  bo  in  their  pitjper 
senses,  can  deliberately  lend  themselves  to  the  per- 
petration of  such  a  frightful  crime.  To  dream  that 
they  can  succeed  is  perfectly  idle.  We  beg  them  to 
consider  this,  that  the  governor's  proclamation  ouce 


SOME  CALL  IT  A  REVOLUTION. 


331 


issued  it  is  impossible  for  the  state  to  ivcccle.  The 
tilt  ire  force  of  the  state  must  be  called  out  to  suppress 
IIk'  insurrection,  and  even  if  that  should  be  insutHcient 
till!  federal  government  is  bound  to  lend  its  assistance. 
Aw  the  members  of  the  Committee  aware  what  crime 
tin  y  are  committing  since  the  issuance  of  the  gov- 
en lor's  proclamation  ?  They  arc  guilty  of  t  reason ;  and 
iov  those  found  lighting  with  arms  in  their  hands 
;i'.;aiiist  the  constituted  authorities  the  punishment  is 
(kjuth  by  the  halter.  Even  the  most  sanguinary 
aiiioiig  the  members  have  not,  we  presume,  any  ambi- 
tinii  that  the  crown  of  martyrdom  shall  descend  upon 
tlitii-  heads  after  that  fashion." 

^\lth  all  their  legal  lore,  their  pugilistic  ground  and 
Ld'ty  tumbling,  their  skill  in  blood-letting,  and  their 
chivalrous  devotion  to  their  sacred  shadow,  the  law 
and  order  opposition  was  a  scries  of  blunders  from 
bi'^inning  to  end.  How  marked  the  contrast  between 
tiie  men  and  the  principles  involved,  their  plans,  and 
tin-  execution!  One  passionless,  determined,  eflicient; 
tlie  other  petulant,  wavering,  weak. 

The  following  extract  from  a  connnunication  to  the 
Jjtf/ictiii  of  June  Gth  points  to  a  phase  of  the  move- 
nu'iit  unnoticed  hitherto  by  journalists,  namely,  the 
I'ataleonsequencesof  hesitation  or  surrender — although 
1  (!i)  not  aLirree  with  the  writer  if  he  means  to  assert 
tliat  revolution  was  the  duty  or  purpose  of  the  Com- 
mittee. They  may  have  placed  themselves  in  the 
position  and  incurred  the  penalties  of  revolutionists, 
but  to  revolutionize  the  government  was  no  ])art  of 
their  ])urpose.  "The  Executive  of  the  Vigilance  Com- 
mittee" says  this  writer, ''have  a  great  work  before 
thiin;  it  is  in  a  revolution  of  the  official  power  of  the 
state.  The  riijht  of  revolution  is  an  inherent  v'vAit. 
\\  c  are  m  a  condition  of  revolution;  we  have  as  a 
\yn\y  placed  our  necks  in  the  halter,  and  if  we  stop 
slioit  of  changing  the  administration  of  the  laws  from 
the  hands  of  corrupt  and  inefficient  men,  tlien  we^ol- 
untarily  place  ourselves  on  uutenoble  ground.     The 


m 


COXCURRBNT  EVENTS. 


existing  revolution  is  right  or 


wrong. 


If  riglit,  It 


must  bo  effective  and  complete;  if  wrong,  we  are  sul 
jects  of  punishment.  The  question  must  be  placei] 
upon  the  broad  ground  of  the  right  of  revolution,  aiul 
not  stop  sliort  of  a  connection  with  cause  and  efilct. 
We  cannot  recognize  the  power  now  in  the  hands  of 
corrupt  and  ineliicient  men.  If  we  do,  then  our  own 
action  being  legally  wrong,  we  are  without  moral 
power  to  sustain  us.  This  conclusion  is  self-evident, 
and  at  a  glance  presents  to  the  mind's  eye  the  magni- 
tude of  the  questions  involved  in  the  existence  of  an 
imperlum  hi  imperio.  The  people  provisionall}^  or  tlie 
corrupt  office-holder  must  rule.  It  is  folly  to  attempt 
to  dodge  the  question.  We  have  arrived  at  that  point 
of  action  and  we  must  meet  the  question  boldly  as 
men  and  patriots." 

Courts  of  law  were  in  bad  repute  in  those  days. 
Venality  and  corruption  sat  upon  the  bench  in  the 
form  of  duelling,  drinking,  fist-fighting,  and  licentious 
judges.  Wiiere  the  people  looked  for  justice  they 
found  too  often  jokes  and  jeers.  It  was  not  uncom- 
mon to  see  a  judge  appear  upon  the  bench  in  a  state 
of  intoxication,  and  make  no  scruple  to  attack  with 
fist,  cane,  or  revolver  any  who  offended  him.  Two 
prominent  magistrates  bore  the  significant  sobriquets  of 
Manmion  and  Gammon.  The  universal  absence  of  re- 
straint and  indifference  to  conventionalisms  were  as 
conspicuously  apparent  in  the  supreme  court  of  tlio 
state  as  elsewhere.  Justice  Terry  was  bitterly  opposed 
to  the  Vigilance  Committee,  and  the  Vigilance  Com- 
mittee did  not  admire  Justice  Terry.  On  both  sides 
was  present  a  tantalizing  fear  engendering  courage. 
It  was  unwise  in  Terry,  one  would  think,  to  issue  a 
writ  of  habeas  corpus  to  be  served  on  Mulligan.  It 
was  unwise  in  the  governor,  in  the  then  excited  state  of 
feeling,  to  attempt  to  press  matters  to  an  issue  by  call- 
ing upon  the  militia  to  assist  in  serving  the  writ.  It 
was  unwise  in  General  Kibbe,  a  state  military  officer, 
to  demand  the  two  cannon  claimed  by  the  state  then  in 


THE  SUPREME  JUDGES. 


333 


tlic  possession  of  the  Committee  for  the  purpose  of 
(liiLcting  them  against  the  people.  All  this  was  un- 
A\  iso  even  if  backed  by  sound  policy,  because  these 
men  had  not  the  power  to  execute  their  threats,  and 
the  people  knew  it,  knew  that  if  the  politicians  per- 
sisted there  would  be  blood  spilt  needlessly;  and  that 
^v(>uld  not  be  all,  for  if  San  Francisco  was  attacked 
such  a  whirlwind  of  excitement  would  be  created 
thiougliout  the  state  as  would  sweep  every  United 
States  soldier  into  the  sea.  General  Wool  better  un- 
derstood the  position,  pregnant  to  him  as  it  was  with 
(iLlicacy  and  responsibility. 

Chief- justice  Murray  left  Sacramento  suddenly  on 
the  11th  of  June,  his  friends  saying  that  he  had  gone 
ill  search  of  a  silver  mine;  others,  that  the  publication 
of  the  Committee  of  Vigilance  manifesto  and  the  free 
rnniiiKMits  of  the  press  upon  his  manner  of  life  hastened 
his  departure. 

There  was  another  of  the  court  judges,  in  illustra- 
tion of  whose  character  I  will  cite  one  incident  wJiich 
1  tind  ill  a  daily  journal: 

On  the  night  of  February  17,  1854,  James  P. 
William  Lewis,  James  Turner,  Martin  Gal- 
lauluM',  and  others  entered  the  Mercantile  Hotel, 
111  utally  beat  the  inmates,  destroyed  property,  and  com- 
mitted other  depredations.  The  few  police  who  inter- 
im red  to  preserve  the  peace  were  overpowered,  roughly 
haiidh'd,  and  were  obliged  to  seek  reenforcements  fioni 
tlie  niarshars  office,  and  after  a  severe  and  desperate 
stiuggle  they  succeeded  in  safely  housing  this  band 
(if  desperadoes  in  the  station-house.  On  the  stitne 
iii'j,lit,  and  before  they  had  become  familiar  witli  their 
•juarters,  the  prisoners  were  released  from  confino- 
iiient  by  a  writ  from  one  of  the  judges  of  the  supreme 
einut,  and  after  carousing  with  the  same  cotTUpt 
JikIli'o  in  the  bar-room  of  the  Union  Hotel,  and  ri;- 
<'ei\iiig  a  public  assurance  from  him  tlmt  his  fiionds 
^luiuld  not  be  punished  so  long  as  he  had  the  power  to 
protect  them,  they  returned  to  renew  their  fiendish 


Casev 


l:f 


ill 


M 


8U 


CONCURRENT  EVENTS. 


assault  on  the  proprietors  of  the  hotel.  Next  nioni- 
ing,  after  a  hurried  and  unlawful  hearing  bcfon-  this 
same  model  judge,  they  were  discharged  from  custody, 
and  the  mayor  of  this  city  was  insulted  when  Iw.  ex- 
pressed his  indignation  at  the  shameless  proccodin^s." 

All  this  was  more  shocking  of  course  to  nortlicrii 
men  of  sober  lives  and  puritanical  principles  thuii  to 
citizens  from  the  south,  who  were  more  accustomed, 
not  only  to  the  easier  conduct  and  looser  lives  of  tlio 
male  portion  of  the  community,  whether  brotlieis  m- 
husbands,  but  to  the  tenets  of  their  political  faith, 
and  the  mainsprings  of  actions  underlying  their  sooial 
strata.  Many  virtues  these  same  southern  pcoj)]^ 
possessed  not  found  in  so  common  a  degree  in  the 
north,  but  representatives  of  the  two  sections  liad  nut 
long  enough  mingled  here  in  California  as  yet  to  lully 
understand  each  other. 

The  letters  following  give  us  a  little  insight  into 
the  character  of  Alexander  Wells,  a  justice  of  the 
supreme  court  of  the  state  of  California.  The  first  is 
addressed,  "Hon.  Judge  McGowan,  at  Madame  Dii 
Bon  Court's  Fashionable  Residence,  Pike  street,  Sau 
Francisco."  This  was  then  the  most  disreputiil)lc 
quarter  in  the  city. 

"San  Josife,  Sunday  Morning,  5  a.  m. 
"My  Dear  Old  Ned:  — 

"The  matin  bell  of  the  convent  is  just  ringing — I  have  two  hours  liefore 
the  stage  starts,  and  improve  a  portion  of  them  to  address  you.  FiLni:Ii 
informed  me  that  you  and  Vi.  Turner  were  coming  down  here  on  Friday.  1 
put  some  wine  in  cool,  killed  two  of  my  fattest  fowls,  bought  a  watermelon  • 
that  weighed  nearly  thirty  poundS;  had  a  good  dinner  prepared,  drove  out  to 
Santa  Clara  to  meet  you,  and  lo,  and  behold — No  McGowan  or  Turn  ^'cl■t•iu 
appeared.  Yesterday  again  I  drove  down  to  Santa  Clara  to  meet  ^ou,  iuid 
although,  like  Manfred,  I  cried  '  Appear !  Appear ! '  no  appearance  was  entered, 

"And  now,  you  rusty  old  broken-down,  hack-horse,  spavined,  wiud-galled 
politician — you  infernal  old  schemer — you  dreadful  and  to  be  dreaded  sliouKlcr- 
striker — you  mclter  of  wax  (candles) — you  stuffer  of  ballot-boxes — you,  who 
reside  at  a  French  boarding-houso  of  equivocal  character — you  luxurious  ilog 
who  lives  on  the  fat  of  the  land,  and  never  said  gruel  once — you  ex-iiic!iilier 
of  the  judiciary  department  who  exercised  admiralty  jurisdiction—  I  "ny 
unto  you  'roll  your  bones,'  for  the  fatted  calf  shall  not  be  killed  again  for  \  ni 
or  Vi.  Turner,  nary  time,  if  I  may  be  allowed  to  indulge  in  the  classic  lan- 
guage of  Pike  County. 


LETTERS  OF  JUSTICE  W1:LLS. 


335 


"  r  want  to  come  to  San  Francisco  but  am  afraid  to  moot  onrlwss — How  is 
he?  Of  courac  lie  cliafcs  and  womcs,  and  'sweats  under  the  Inirtliens  of  tliiD 
\nary  lil'i;;'  Imt  I  think  that  the  prospect  before  liim  will  l)rii,'htt'n  when  the 
smoke  of  tills  List  battle  has  cleared  away.  They  say  that  tiie  darkest  hour 
of  ni.^ht  is  just  before  day.     Our  friend  will  succeeil  eventually. 

'•  Did  we  not  do  well  in  Santo  Clara?  Last  year  the  whiys  ha<l  080  nia- 
jniity,  and  we  l)eat  them  this  time  on  a  majority  of  our  ciuididates  over  (>0l). 
Wo  slioidd  and  could  have  elected  the  other  assembly  man  (Scntcr),  but  his 
own  township  went  against  him  by  default.  I  drove  down  to  his  precinct 
I'iuly  in  tlio  morning,  and  they  told  mo  it  was  alrifrht ;  but  at  ni;4ht  over  forty 
votes  in  his  neighborhood  had  not  been  polled.  Ho  made  no  effort  himself, 
ami  as  it  was,  was  only  beaten  nineteen  votes.  A  gallon  of  whiskey  and  a  four- 
horse  wagon  would  have  secured  them  for  him,  and  Jiim  for  us.  So  it  is — how 
Blight  is  the  thread  upon  which  hangs  the  destiny  of  man ! 

"  TlR'se  Pike  chaps  won't  vote  till  they  get  their  drink.  One  of  'cm  said 
to  mc,  'I  liaint  liad  my  whiskey  yet.' 

"  Kind  regards  to  our  mutual  friend,  and  to  all  those  who  inquire  about 
me  in  a  friendly  spirit.         Ever  yours  truly,  Ai.kx. 

"  I'.S.  Don't  show  this  for  Christ's  sake !  Amen." 


The  next  is  marked  confidential : 

"Apburn,  Placer  Coitnty,  August  12,  ISi".*). 
"Ni.D,  My  Dear  Fellow: — 

"It  is  all  right.  The  whole  ticket  will  be  elected  by  a  large  majority. 
Bo  not  be  surprised  if  I  should  run  ahead  of  the  ticket  a  long  distance,  and 
1)0  not  astonished  if  I  receive  10,000  majority.  The  talk  about  disafVection  is 
all  nonsense;  it  is  like  the  milk  sickness  in  Ohio,  when  yoii  get  to  a  town  or 
village,  they  will  tell  you  '  we  haven't  got  it  here,  but  about  ten  miles  olf 
yonder  they  have  it  awful  bad.'  You  get  to  the  place  'ofl'  yonder'  and  thejf 
v.ill  ti'U  you,  '  we  haven't  it  here,  it's  about  ten  miles  further  oft','  and  so  it  is 
as  to  the  pretended  disaffection.  I  have  not  been  able  to  find  any  of  it  yet. 
My  siucere  belief  is,  that  Bigler  will  run  even  with  the  ticket  in  every  county 
except  San  Francisco.     In  El  Dorado,  Waldo  will  run  far  behind. 

'•  I  spoke  at  Gold  Hill  last  night  and  at  Auburn  the  night  before,  to-night 
at  <;riss  Valley,  etc.  I  shall  speak  every  night  from  this  day  until  thu 
2:!il.  I  shall  visit  Nevada,  Yuba,  Butte,  Shasta  and  Klafnath,  before  I  return 
to  San  Fraueisco. 

"  Now,  my  dear  Ned,  keep  this  to  yourself,  do  not  begin  to  brag,  but  pick 
up  all  the  liti;le  bets  you  can  get  on  Bigler's  election  even.  It  is  tlio  surest 
tliiiiL,'  in  the  world. 

'■  Ilavj  you  noticed  that  the  San  Joaquin  licpuhUctu) ,  a  whig  settler  paper, 
has  put  vip  my  name  with  Waldo's,  and  taken  down  Tod  Robinson's'/  San 
Joacpiin  is  a  strong  settler  district,  and  it  is  a  very  populous  county.  Waldo 
turneil  up  here  yesterday  and  wo  corralled  him.  I  ha\e  more  good  things  to 
tell  you  when  I  return  than  ever  you  heard.     Waldo  is  a  B.  B.  F. 

"Oh!  oh!  Kaggerj-,  ohi 
Whut  bl'uU  wu  Ui>  for  iioor  Billy  Waldo. 


;t*»i 


330 


CONCURRENT  EVENTS. 


"  Wulilo  told  mo  this  morning  that  ho  was  eatiafieil  tliat  I  hIiouM  l)out  Tod 
Robinaon  badly.  Information  for  which  I  did  not  havo  much  need.  Try 
and  make  a  good  county  and  charter  ticket  for  God'a  sake. 

"  Show  this  to  Welch.    In  haste,  your  old  and  faithful  frit^nd, 

"Alex.  W — .. 
**Joo  McCorklo  sends  his  love." 

The  supremo  judge,  full  of  chivalrous  law  and  order, 
wishes  to  fight  a  duel. 

"Mr  CoNNon: — 

"Sin;  Having  boon  informed  by  yourself  that  you  arc  personally  nspon- 
Bible  for  the  articles  published  in  tlio  Alta  Cali/ornia,  refloctin;;  iiiion  my 
action  in  a  recent  case,  may  I  hope  that  your  responsibility  »liitll  answer 
unto  me?  And  that  you  will  authorize  some  friend  on  your  beliulf  to  imct 
some  friend  of  mine  to  arrange  the  time  and  place  where  the  misuudiistanil- 
iug  can  be  pro^xsrly  explained  or  arranged. 

"  I  am,  very  respectfully,  yours, 

"Alex  Wells." 

Evidently  Ned  had  asked  the  supreme  judge  for 
money,  whereupon  the  latter  grows  jovial  and  liico- 
tious : 

"My  Deak  Old  Man: 

"I  had  the  pleasure  of  receiving  your  note  of  yesterday.  Tlic  next  thing 
is,  to  set  them  all  to  work  and  make  provision  for  a  court-room  and  library. 
Rather  than  live  in  this  bay  horse  town  I  will  go  to  the  one  horse  town. 
Here  there  is  too  great  a  PKESS-wre  upon  us.  The  Times  and  Traii.<criiit 
having  skinned  me  on  the  kaheas  corpus,  and  pulled  the  wool  over  tliu  uj  ts 
of  certain  friends  of  ours  (as  it  is  thought  by  the  knowing  ones  on  the  other 
side),  is  now  pitching  into  P.  C.  &  Co.  most  unmercifully.  Poor  Juc  lias 
warm  times.  Well,  as  Meagher  says,  'It  is  not  always  summer  witli  tlic 
Kuigs ! '  Cook  sailed  yesterday.  I  trust  our  dinner  won't  be  cold  to-morruw 
in  consequence  thereof ;  but  hope  all  is  Wright.  Is  there  any  way  to  get 
even?  Remind  W'ilkes  that  Purdy  (St  G.,  etc.)  wants  authority  upon  tliia 
parliamentary  question:  'Can  the  Senate,  while  considering  a  Bill,  disjiose 
of  the  whole  subject-matter  by  an  indefinite  postponement,  when  such  Bill  does 
not  include  the  whole  subject-matter?'  They  may  postpone  the  bill,  Imt  not 
the  matter.  See  Jefferson^s  Manual;  Reports  cf  Discussions  on  Padlimenl- 
anj  Law  in  Iloiixe  of  Delegates  of  Virginia;  Debates  in  Congress;  Miinilct  of 
debate  and  decisions  in  English  House  of  Commons.  The  position  is  sound. 
Who  will  deny  it?  or,  rather,  let  me  ask,  Who  will  sustain  it?  If  t\w\v  is 
any  one  good  parliamentary  lawyer  in  either  House  he  or  they  can  iluiiion- 
strato  the  correctness  of  this  position.  But  you  don't  want  law.  Tiie 
reason  for  it  will  show  that  a  snap  judgment  upon  a  Bill  cannot  rcaoli  tlie 
wiiole  subject-matter!  Is  tiiere  not  an  intelligent  lawyer  or  speaker  in  the 
House?    If  there  is  let  him  show  these  points;  which  are  unqucstiouubly 


THE  CIIIEF-JUSTICK. 


S87 


jrniivl.     1  liiive  RUKgcstcd  to  Will;cs,  ("ansfrly,  Hager,  and  FitM.     Prohahly 
FiL'lil  wouM  ilo  l)t>st  if  tlio  otluTH  oru  cnijayi'd  ho  niuuli  as  to  In-  ciuihlud  to 
(Icvcitf  tlii'ir  wliolo  tiino  to  it.    Would  todod  tiiat  I  were  foot-loose  and  could 
takf  a  liiuid  in  myself.     Uut  you  ronienilwr  lIood'H  lines: 
'  Wlion  Ixjtli  l('|{i  wpro  sliot  dIT, 
lie  tlicii  laid  (liiwii  hi'«  iiriiH!' 

lint  cli>  not  1)0  discouraged.  It  may  bo  ill  right  yet!  TRrE-itt  is,  we  are 
III  II  I'wMv  i)f  troultlc,  and  the  Gri'KL  is  very  thin,  but  with  the  help  of  the 
Ao/-/,  if  we  are  all  well  Garruoned,  and  no  Nalilf  Romnna  about,  we  may  Imj 
maliltd  to  I'lKKi'K  the  centre  of  the  enemies'  columns. 

••  Ihm't,  for  mercy's  sake,  go  and  show  thh.  damn  nonsense  to  any  of  your 
frifiicln. 

"  lih'ss  you,  old  man !  If  I  had  any  money  to  send  to  you  by  way  of  loan, 
to  alievo  you  from  the  distresses  of  which  you  complain,  l>elieve  me  I  would 
sund  it  to  you  at  once;  but  I  am  bankrupt  in  purse  and  credit,  and,  alas  !  in 
lieart  too ! 

"Sum  Ikill  wrote  to  me  t^  say  that  no  appropriation  ha«l  yet  licen  made. 
Siuii  is  a  good  fellow,  but  if  any  more  such  letters  are  sent,  and  I  can't  got 
any  iiioiay,  I  shall  cease  my  laborious  efforts  to  accomplish  myself  in  Litera- 
tiiiv  and  '/>//«'»  L«Ures.'  Excuse  all  this.  I  am  in  a  happy  humor,  and  lovo 
to  ilisooiir.se  in  my  sober  moments  with  such  pious  men  as  yourself. 

"  Wife  and  child  all  well.    Myself  iu  feeble  health,  but  good  spirits. 

"Alex.  W ." 

T\\v  chiof-ju.stice  of  the  supreme  court  himself  hob- 
nobs with  Ned: 

"New  York,  Juno  19,  1853. 

"Ukak  \ed: 

"  I  liave  rcc'd  your  letters  and  have  answered  you,  although  you  write  as 
tlioti;,'li  you  had  no.  heard  from  me.  I  had  intended  to  leave  here  to-morrow, 
Imt  arrived  too  late  to  procure  a  ticket  in  the  steamer;  which  I  regret,  as  I 
am  very  sick  of  the  white  settlements.  My  health  has  improved,  and  I  am 
anxious  to  get  back  to  God's  country.  You  don't  know  how  disgusted  I  am. 
1  ^sllall  Icijivc  positively  on  the  oth.  Bill  is  in  Philadelphia  at  your  wife's,  and 
I  siiali  call  before  my  return.  See  Weller,  Gwinn,  Latham,  and  McDougall 
alxmt  your  boy  before  they  leave.  They  can  do  it.  Don't  neglect  it;  you 
owe  it  to  him.     My  regards  to  all.     Yours, 

"Ml'RRAY." 

The  Vigilance  Committee  they  said  were  j^uilty  of 
treason,  murder,  insurrection,  kidnai)ping,  accessaries 
iiiiimider,  forcibly  obstructing  oflicers  of  the  law,  of 
Jiiisdcmeanor,  and  liable  to  individuals  for  false  im- 
prisoiuuent.  One  would  think  it  needless  to  reiterate 
so  long  a  catalogue  of  crime,  for  if  guilty  of  the  first, 
as  alleged,  that  were  sufficient. 

Pop.  Twu,,  Vol.  II.    23 


'i 


333 


CONCURRENT  EVENTS. 


On  Friday  the  6th  of  June  matters  assumed  a 
more  warhkc  aspect.  The  contending  factions  wwu 
both  busily  engaged  all  day  in  preparing  for  thr 
threatened  contest.  Recruiting  on  both  sides  was 
active,  but  by  far  the  greater  number  joined  the 
vigilant  ranks,  which  were  now  swelled  to  about  six 
thousand  fighting  men.  TJie  law  and  order  jiaitv 
claimed  in  the  morning  to  have  three  thousand  en- 
rolled, and  that  their  numbers  by  evening  would  he 
increased  to  ten  thousand;  but  on  searching  the  faets 
in  the  case  I  am  unable  to  find  more  than  about  six 
hundred  men.  Sherman  himself  claimed  but  ei^cht 
hundred.  Fort  Vigilance,  as  the  head-quarters  On 
Sacramento  street  was  now  called,  Avas  stronnlv 
fortified  and  every  precaution  taken  against  sudden 
attack.  A  thirty-two  pounder  was  moved  up  tVoni 
North  Point  and  planted  in  front  of  the  premises, 
with  its  ugly-looking  muzzle  pointing  up  the  street. 
Two  cases  of  muskets,  the  property  of  the  Wallace 
(luard,  were  found  in  the  cellar  of  a  saloon  and  seized 
by  order  of  the  Committee.  In  the  evening  the  yrand 
marshal  assembled  his  forces  for  instructions  and 
drill,  and  the  seat  of  war  presented  a  very  animated 
appearance.  Thousands  of  spectators  gathered  in  the 
streets  watching  the  preparations  with  extraordinaiy 
interest.  No  demonstratious,  however,  were  made 
by  the  opposing  party.  A  strong  guard  was  detailed 
for  night  service,  and  quiet  at  length  settled  on  the 
city. 

Just  at  this  time  Sam  White,  a  gambler,  shot  Will- 
iam Flory,  police  or  sherifTs  ofificer  at  Saciameiito; 
and  a  murder  at  Coloma,  connnitted  under  agL^navat- 
ing  circumstances,  was  announced.  Reports  wen-  Hyins,' 
over  the  city  the  afternoon  of  June  9th  to  the  (I feet 
that  committees  of  vigilance  in  these  places  had  seized 
and  hanged  the  criminals,  and  that  they  were  icady 
at  a  moment's  notice  to  march  to  the  assistance  of 
San  Francisco.  This  tojjccther  with  the  news  iVoni 
Washington  of  the  villainous  nuu-der  committed  hy 


■I 


CONSERVATISM. 


339 


r'diijjjrcssman  Herbert,  of  whom  more  liercafter,  con- 
tinued to  keep  excitement  up  to  a  feverish  pitcli. 
Althoui^h  there  was  comparatively  little  surface 
(KiiK lustration  and  still  less  bloodshed  there  was  an 
iiittiise  moral  struggle  going  on,  a  mortal  combat  for 
the  supremacy  between  good  and  evil.  One  or  the 
(itlur  must  be  killed,  and  the  Vigilance  Connnittee 
welt!  determined  it  should  not  be  the  former. 

Throughout  the  whole  excitement  and  up  to  this 
time,  there  had  been  many  citizens  who,  though  favor- 
iiii,'  tlie  Yigilance  Committee,  had  never  joined.  ( )n 
the  nth  of  June  a  public  meeting  was  held  at  the 
iuictiou-rooms  of  John  Middleton  on  Montgomerv 
sti'eet,  fr)r  the  purpose  of  taking  steps  to  organize  a 
iiuinher  of  independent  companies,  wliich  should  hokl 
themselves  in  readiness  to  aid  the  Vigilance  Com- 
mittee sliould  circumstances  require  it.  1).  ( ).  Shattiuk 
took  the  chair,  and  E.  M.  Eaile,  W.  A.  Woodworth, 
L.  Miivnard,  Abel  Guv,  Daniel  (iibb,  and  others  were 
nominated  to  draft  resolutions.  These  resolutions  con- 
(lemuiitoryof  the  governor's  action  and  reconnuending 
the  ("onimittee  to  the  confidence  of  the  people  wvw 
suhmitted  t(»  a  large  and  enthusiastic  meeting  the 
t'olhiwing  evening,  and  adopted. 

Tliis  association,  though  hybrid  in  its  character, 
adch'd  strength  to  the  vigilant  party.  Yet  I  <-an  but 
feci  that  the  action  of  these  citizens  would  have  been 
nioi'e  generous  had  it  been  taken  earlier  and  had  it 
assumed  a  more  beneficial  shape.  If  one  party  was 
lii^ht  and  the  other  wrong,  why  not  join  the  right 
]iaity  early  and  heartily  f  I  see  two  reasons  fV»r  tiiis 
tardy  and  independent  action.  First,  there  were 
those,  lawyers  and  officials,  who  felt  prohibited  l)y 
their  oath  of  office  against  joining  an  insurrectionurv 
niovenient,  yet  their  scruples  did  not  prevent  their 
associating  and  saying:  Though  we  are  not  insurrec- 
tionists, we  will  be  if  necessary;  though  we  may  not 
liieak  our  oath,  yet  we  will  if  the  governor  j)ersists. 
►Secondly,  there  are  always  those,  careful,  eonsei\  ativc 


840 


CONCURRENT  E"\i:NTS. 


men,  who  not  only  like  to  l)e  on  the  winning  side,  Imt 
pride  themselves  in  havinj^  their  names  enrolled  lijrrh 
and  prominent  on  that  side.  It  was  by  no  nuaiis 
certain  at  the  outset  which  would  be  the  suectssfiil 
party.  If  General  Wool,  for  exanii)le,  had  lent  tliu 
governor  his  aid  the  consequences  would  have  licen 
most  serious.  The  members  of  the  Vigilance  (om- 
mittec  might  be  called  upon  to  lay  down  their  livrs, 
might  be  subjected  to  harassing  litigation,  might  bu 
deprived  of  property  and  citizenship.  In  tlie  eyes  of 
the  law  they  were  guilty  of  treason,  and  if  they  failed 
they  would  be  punished.  By  this  time  it  was  (juitc 
sure  they  would  succeed.  Right  and  might  were  with 
them.  And  that  was  just  the  sort  of  honor  tlioso 
conservatives  coveted.  Nor  would  I  detract  from  t hi  in 
one  iota  of  merited  praise.  Give  them  their  penny 
though  they  came  in  at  the  eleventh  hour ;  but  let  not 
their  names  be  mentioned  beside  that  noble  band  who 
threw  into  the  cause  themselves  and  all  their  posses- 
sions, boldly  cut  loose  all  means  of  retreat,  and  liuro 
the  burden  and  heat  of  the  day. 

A  great  demonstration  was  made  by  the  peo})lt'  of 
San  Francisco  in  front  of  the  Oriental  Hotel  on  the 
14th  of  June.  Several  thousand  were  i)re8ent  and 
were  addressed  by  a  number  of  speakers.  "  The  Vig- 
ilance Committee,"  they  said,  "  was  sti-ong,  but  the 
people  should  support  it."  It  would  seem  that  it  took 
these  speakers  just  one  month  to  find  that  out.  "  Xo 
half-m(\isurcs  must  be  pursued,"  they  cried.  AVliat 
had  been  the  measure  of  their  measures  liitlitito? 
But  I  will  not  cavil.  The  people  liked  it,  saw  im 
Irishisnj  about  it,  cheered  lustih%  and  went  honu'  feel- 
ing, every  man  of  them,  a  patriot.  This  was  an  inila- 
tion  of  the  auction-room  movement  instituted  tliiee 
days  previous.     Harndess,  but  very  safe. 

"  No  revolution  other  than  a  moral  one,"  sa3's  tlio 
Sacramento  Union  of  the  r2th,  "can  be  produced  in 
this  state,  unless  the  commander-in-chief  i^ives  his 
order   to   tiro   upon    the    citizens   of  San  Francisco. 


DOMICILIARY  VISITS. 


341 


Slu»ukl  this  fatal  order  be  given  such  a  storm  of  revo- 
hition  would  sweep  over  the  state  as  never  has  been 
\vitiiossed  in  these  United  States.  In  its  irresistible 
progress  it  would  not  leave  so  much  as  a  vestige  of  the 
present  state  government  and  state  officers.  If  no 
(irder  of  that  bloody  character  is  issued,  if  the  present 
military  enrolment  is  discontinued,  if  the  governor 
will  suspend  or  revoke  his  proclamation  as  he  may  do 
legally  and  honorably — for  it  is  always  honorable  to  cor- 
nct  ,1'  error — the  waves  of  public  commotion  will  sub- 
side and  civil  war  with  all  its  horrors  will  be  avoided." 

To  a  peace  committee  of  the  citizens  of  Sacramento 
who  waited  on  the  governor  the  l3th  of  June  with  a 
])etiti()n  signed  by  two  thousand  persons  asking  tho 
governor  to  withdraw  his  proclamation,  his  excellenev 
blandly  gave  the  assurance  that  he  would  postjtone  the 
attack  on  the  Vigilance  Committee  to  the  latest  }k)s- 
siljlc  moment.  Considerate,  very.  "  See  our  citizen 
soldiery,"  Johnson  and  Sherman  n.ight  cry,  "  invisible 
ill  war,  invincible  in  peace!" 

Then  the  good  citizens  of  Sacramento  attempted 
reconciliation  between  the  state's  offended  majesty 
and  the  crime-fighters  of  San  Francisco.  After  a 
long  interview  with  the  governor  a  deputation  went 
down  to  the  Bay  on  Sunday  the  15th  of  June.  They 
waited  upon  the  executive  committee  and  were  entei'- 
tained  with  the  greatest  respect,  but  no  im})ortaiit 
results  attended  their  efforts.  The  Sacramento  Guard 
voluntarily  disbanded  rather  than  l)e  ordered  to  help 
serve  the  writ  of  habeas  corpus  against  the  will  of  the 
San  Franciscans.  The  people  not  alone  of  San  Fran- 
cisco but  of  the  entire  state  were  upon  one  side;  the 
governor  and  a  few  fire-eating  and  inllateil  c>fHeials 
Were  on  the  other. 

The  men  of  order  and  of  law  complained  bitterly 
of  the  invasion  of  their  sacred  household  rights  in 
the  domiciliary  visits  wliich  they  accused  the  execu- 
tive committee  of  having  instituted  in  tlieir  search 
for  criminals.     They  had  so  little  to  complain  of  that 


i 


m 


M 


f 


I 
{ 

i 


1 

i:-!l 


342 


CONCURRENT  EVENTS. 


they  made  the  most  of  this  alleged  outrage.  Tliov 
wore  likewise  in  a  morbid  ill-humor  from  the  succoss 
of  the  movement,  their  reason  seemed  befogged  Ijv 
the  exhalations  of  passion  and  the  lust  of  power,  ami 
us  usual  in  advocates  of  a  bad  cause  when  beaten 
they  made  irony  of  legitimate  argument  by  throwing 
dirt  and  calling  hard  names,  mixed  as  a  matter  of 
course  with  more  or  less  lies.  Members  of  the  Coiii- 
iiiittee  were  deeply  dyed  villains,  traitors,  dosjiots, 
and  enemies  of  public  peace.  Casey  and  Cora  whom 
they  nmrdered  were  saints  beside  them.  They  had 
nuich  to  say  about  the  persecution  and  the  prohibition 
«)f  free  speech.  Hear  the  San  Francisco  Sun  lant 
upon  the  subject.  I  give  it  only  as  a  specimen  of  how 
insane  a  man  can  be  when  beuten  and  angry.  I  would 
first  mention  that  the  executive  committee  had  before 
this  passed  and  published  a  resolution  to  the  i  U'eet 
that  no  restrictions  whatever  should  be  put  upon  the 
free  expression  of  opinion  either  by  persons  or  by  the 
])ress.  The  press  wjis  absolutely  free,  and  none  knew 
this  better  than  the  press  itself  How  should  the  ])ress 
have  been  permitted  to  continue  its  torrent  of  abiisr 
for  weeks  when  by  the  uplifting  of  their  finger  the 
executive  committee  could  in  one  moment  have  hurled 
it  and  its  editors  into  the  bay  1  Their  own  libertinism 
is  the  strongest  testimony  possible  of  their  liberty. 
All  the  people  did  to  call  forth  the  bitter  aniniositv 
of  the  political  and  chivalrous  journals  was  the  with- 
drawal of  their  advertisements  by  certain  merchants, 
a  thing  one  would  think  they  had  a  right  to  do  with- 
out calling  down  upon  their  heads  such  editorial  scur- 
rility as  this: 

"This  is  the  freedom  of  the  press  in  California !  Let  us  hear  no  word  of 
it  I  The  press  of  Russia  is  as  free  at  this  moment  as  is  the  press  of  San  I'r.iii- 
ciseo  with  this  exception  and  this  only:  There,  the  treasonous  fldmiiiutnr  nf 
]mblic  unu'dor,  the  open  contemner  of  the  laws  of  his  country,  would  Im:  i'ii:i- 
siijned  to  the  knout;  while  here,  they  indict  editorials  on  outlawry  in  giiuial. 
and  the  union  of  mob  violence  and  political  fanaticism  in  particular,  unhaniuHl 
and  unmolested.  With  a  '  coinniittee  of  highly  respectable  and  wealtliy  ^'iti- 
y.i'UH  '  at  their  l)ack  tliey  fear  no  molestation,  but  can  traduce  the  patriotic  iiiul 
vilify  tlie  institutions  of  their  country  to  tiieir  hearts'  content." 


THE  ONE  AND  THE  OTHER. 


343 


Xt)  one  know  bettor  that  this  was  not  true  than 
tlif  man  who  wrote  it. 

Tlio  same  editorial  turns  and  addresses  to  the  Coni- 
mittue  the  following  fearful  propheeies  which  seem  to 
have  been  written  with  perfect  freedom,  indeed  with 
iiioie  freedom  than  decency: 

"Tlie  braiiil  of  treason  is  upon  you,  and  you  can  no  more  escape  it  than 
coulil  JJcnedict  Arnold  in  other  days.  As  to  the  mercenary  wretches  wlio  act 
as  ixi'Uticrs  through  the  press,  the  Bulh'linn  that  cry  more  blootl ;  tlie  nanihy- 
jiaiiiliv  AlUm  that  have  wriggled  and  wriggled  out,  until  they  have  wriggled 
into  your  patronage,  the  so-called  Cali/oriiias  that  have  fungus-like  sprung 
fnmi  the  putrefactions  of  the  day,  to  fill  the  air  with  their  noisome  stench  of 
tivasDii,  and  the  lesser  fry  of  traitors  of  various  vileness  and  calibre,  they  will 
liiiM'  .Slink  beneath  the  indignation  of  reasserted  right,  of  law,  and  of  fealty 
tip  uiir  cunnnon  country.  Their  tory  sheets  may  be  preserved  as  speciniens  of 
tin:  11 II patriotic  spirit  of  the  times  and  as  affording  evidence  of  the  trials  and 
troubles  through  which  the  friends  of  their  country  are  now  passing." 

Sound  logic,  truly ;  coolly  and  clearly  put.  He  whom 
sucli  will  not  convince  is  obdurate  indeed.  And  this 
is  a  fair  sample  of  the  law  and  order  editorials  of  the 
(.lav.    Thev  were  rank  as  murder,  smellin«f  t(j  heaven. 

Both  parties  were  loud  in  deploring  the  causes 
wliicli  led  to  this  unhappy  issue;  both  were  active 
and  eloquent  in  harrowing  the  horrors  of  civil  war, 
and  each  threw  all  the  blame  upon  the  other. 

"  Let  them  beware  how  they  lay  the  city  in  ashes 
and  till  our  streets  with  the  dead  bodies  of  our  citi- 
zens," said  one. 

"A  fearful  responsibility  rests  on  their  shoulders," 
sighed  the  other. 


^ 


I 


i  :, 


CHAPTER  XIX. 

S^VIFT   AND   SILENT   MECHANISM. 

If  there's  a  hole  in  a'  your  coats, 

I  rede  ye  tent  it; 
A  chiel's  aniang  ve  takin'  notes, 

And,  faith,  he'll  prent  it. 

Buinu, 

Scarcely  was  the  Committee  formed,  when  com- 
munications began  to  pour  in  from  interior  towns  and 
delegations  proftering  sympathy  and  proposing  alli- 
ance. Copies  of  the  constitution  were  desired  with 
authority  to  organize  as  branch  or  auxiHary  associa- 
tions. It  speedily  became  evident  that  the  Com- 
mittee must  soon  decide  whether  it  should  bo  ltd 
beyond  its  original  purpose  and  prepare  to  revolution- 
ize the  state,  if  the  authorities  organized  a  too  for- 
midable opposition,  and  after  driving  the  exi.stiiiif 
officials  from  power  to  arrange  for  the  election  of 
their  successors,  who  might  perhaps  be  men  of  higher 
character  or  purer  motives,  or  better  able  to  secure 
the  public  welfare  and  administer  justice. 

The  leaders  quickly  found  that  in  grasping  the 
reins  and  mounting  the  seat  of  power  they  had  as- 
sumed unexpected  responsibilities,  and  that  time  am  I 
events  were  whirling  their  car  along  untried  patliK 
and  toward  perils  the  very  magnitude  of  whith 
kindled  a  desire  to  grapple  with  their  possibilities. 

To  all  such  advances  the  Committee  returned  a 
kind  but  firm  refusal ;  and  the  brevity  of  the  discus- 
sions upon  these  momentous  issues  was  creditable  to 
their  foresight   and    patriotism.      While   some   i'ew 

(3«) 


REFORMATION. 


«5 


argued  that  in  their  novel  situation  it  was  unwise  to 
iL'fiisc  assistance  which  might  soon  prove  vitally  im- 
portant, and  while  others  were  dazzled  h}'  the  ])r()s- 
iiictivo  glory  of  emancipating  a  whole  state  tVom 
iiiisrulu,  and  laying  better  foundations  for  what  their 
tnthusiusm  })ic'tured  as  an  empire  destined  to  rank 
auion;^^  earth's  proudest,  and  while  yet  others  felt 
]H  iliaj»s  some  temptation  toward  a  policy  which,  if 
^l;!•(•essful,  as  seemed  to  them  probable,  might  almost 
bv  a  single  effort  relieve  them  from  both  the  j)ersonal 
and  the  pecuniary  peril  which  all  felt  to  be  menacing, 
the  wiser  ones  if  attainable,  woukl  be  an  indesciibable 
niist'oi'tun.c,  weakening  the  nation's  reverence  for  tlie 
institutions  it  had  established,  and  setting  a  precedent 
toward  those  forcible  revolutions  which  had  unsettled 
and  enfeebled  our  sister  republics. 

Xo,  not  revolution,  but  reform.  Our  government 
is  (fO(l-<jfiven.  If  we  were  half  as  dutiful  as  our  insti- 
tutions  are  excellent,  we  would  be  the  hapi)iest  and 
wisest  j)e()ple  on  earth.  There  shall  be  no  rending 
asunder  where  we  most  admire;  it  is  not  our  [tuipose 
to  destroy  but  to  sustain. 

[t  required  but  one  glimpse  into  the  gulf  over  wliich 
these  glittering  phantoms  had  been  hovering  to  eon- 
viiKv  the  few  who  for  an  instant  had  been  dazzled, 
that  such  ifjnes  fatui  could  only  be  engendered  by  a 
]»iin(i]ile  of  decay,  and  tliat  they  nmst  ct)ntinue  tlieir 
marcli  in  the  comparatively  narrow  path  of  strictly 
local  reform;  resolute,  not  to  be  lured  by  any  prize  or 
shaken  by  any  danger.  Let  all  who  would,  organize 
and  declare  war  on  crime;  but  let  each  locality  act  for 
itsrir,  and  be  responsible  only  to  itself  Yet,  while 
iiimlv  avoiding  entangling  alliances,  all  might  cooper- 
ate  ill  sentiment  and  good-fellowship  in  joint  prosecu- 
tion of  a  noble  work. 


Two  friends  on  the  night  of  the  9th  of  July  were 
sitting  in  the  reading-room  of  the  Rassette  Hou.se 
discus.qii-i^  the  doctrine  of  hell.     Unable,  as  were  not 


846 


SWIFT  AND  SILENT  MECHANISM. 


the  early  fathers,  to  arrive  at  an  agreement  as  to 
the  natnre,  locaHty,  and  dimensions  of  this  jiiiciLiit 
and  mysterious  institution,  they  fell  to  fightinjjj  al)(nit 
it,  us  many  a  man  and  many  a  nation  have  doiio  in 
time  past.  The  battle  began  with  fists  and  ended  with 
])ocket-knife  stabbing,  so  that  one  or  the  other  of  tluiu 
was  likely  soon  to  go  to  hell  and  see  for  himself  what 
sort  of  a  eountry  it  was.  At  length  they  were  jiaitid. 
and  shortly  after  the  one  who  used  the  knife  fell  into 
the  hands  of  the  vigilance  police,  which  was  hull 
indeed,  who  took  him  to  the  Committee  rooms,  hut 
after  due  consultation  the  Executive  concluded  it  was 
a  matter  more  befitting  the  court  than  themselves. 
Hence  he  was  turned  over  to  the  regular  police.  It 
was  chronic  crime  alone  the  Conniiittee  cared  to  touch; 
cases  upon  which  the  ordinary  medicine  of  law  courts 
had  no  effect.  Pugilistic  electors,  stabbing  supivinc 
judges,  and  political  pistol-shooters,  these  were  the 
game  the  vigilants  hunted. 

As  in  the  former  Conninttee,  thousands  of  Ictttis 
of  a  personal  character,  charging  persons  with  mis- 
demeanors, were  received,  written  by  men  antl  woiiieii 
apparently  under  the  impression  that  the  Committtc 
ap[)eared  in  the  role  of  some  universal  panacea,  jiaiii- 
killer,  or  j^atent  medicine  for  the  cure  of  every  soiial 
evil.  Even  if  accusations  were  both  criminal  and  true 
it  was  no  part  of  the  Committee's  intention  to  enter 
the  arena  of  private  quarrels,  or  to  undertake  in  any 
wise  to  establish  equity  between  men  or  to  do  any 
work  which  the  courts  could  and  would  do. 


Another  feature  of  the  association  was  the  con- 
sideration for  propriety  and  appearance  with  which 
everything  was  done.  The  humblest  of  them  all 
having  voluntarily  and  with  no  hope  of  reward  come 
forward  and  written  down  his  name  in  the  servici'  of 
society,  felt  himself  a  patriot  equally  with  the  highest, 
felt  that  he  was  setting  an  example,  and  that  he  wnuld 
do  it  well.     Let  it  not  be  forjrotten  that  the  rank  ami 


THE  PEOPLE  AFRAID. 


847 


file,  those  who  promised  obedience,  were  of  the  same 
stamp  as  their  leaders,  all  honest,  respectable  men, 
and  many  of  them  as  wealthy,  cultivated,  and  able  as 
juiv  who  sat  on  executive  chairs. 

It  aj)pears  that  during  the  first  few  days  of  the 
organization,  liquors  and  cigars  were  ordered  in  and 
usi'd  in  common,  upon  the  theory  characteristic  of 
Calitornia,  that  a  community  unable  or  unwilling  to 
jiiovide  these  luxuries  for  its  preservers  was  not  worth 
tln^  preserving.  The  23d  of  May,  however,  the  Com- 
luittt'c  thought  better  of  it,  or  rather,  they  had  not 
liithtrto  thought  of  it  at  all,  for  on  that  day  they  re- 
set! vcd,  "that  the  cigars  and  liquors  used  up  to  this  time 
hv  the  executive  committee  be  paid  for  by  equal  sub- 
w  rij)tion  by  ourselves,  and  that  hereafter  each  member 
shall  furnish  himself  with  such  luxuries  should  he 
K'ljuire  them;  so  that  this  community  cannot  say  that 
tlic  Conmiittee  have  spent  their  money  uselessly." 

Tlio  Executive  wore  no  less  strinijent  in  rejjulatinij 
tlii'ir  own  followers  than  in  guarding  the  city  from 
the  depredations  of  villains.  There  were  many  in  the 
community  who  sympathized  too  strongly  with  the 
Committee,  whose  zeal  ate  up  their  judgment,  who 
lio\  ercd  upon  the  verge  of  mobocracy  and  would  have 
fallen  into  that  anarchical  pit  but  for  the  steady  grasp 
of  vigilance  upon  them.  "There  seemed  to  be  a  great 
i'lar  on  the  part  of  bankers,  merchants,  and  news- 
pajxr  men  of  mobs,"  says  Mr  Manrow,  "and  they 
Milt  frequently  to  the  Committee,  and  we  always  sent 
woi'd  to  them  that  if  there  was  any  anticipation  of 
that  kind  we  would  send  guards,  and  we  frequently 
<lid  so — posted  guards  to  keep  the  people  quiet.  We 
had  a  large  police  force  in  our  body  and  many  dc- 
ti ctives  constantly  on  the  watch.  We  knew  all  the 
lime,  through  this  force,  what  the  law  and  order 
iH'ojde  and  others  on  the  outside  were-  doing.  I 
iriiHiiibcr  that  one  of  the  detectives  called  me  out 
OIK'  niglit  and  said  that  he  had  been  to  a  meeting  of 


l\ 


348 


SWIFT  AND  SILENT  MECHANISM. 


the  Broderick  Engine  Company,  and  they  had  pnssid 
a  resolution  to  kill  nie  on  n;y  way  home.  I  ku«\\  at 
that  stage  of  the  game  they  would  go  after  any  *<uv 
of  the  Committee.  But  they  made  no  attack,  ami 
notwithstanding  this  resolution  I  rode  up  that  iiiglit 
about  twelve  o'clock  with  my  groom  who  came  for  iiit." 
Neither  the  friends  nor  the  enemies  of  the  Cdiii- 
mittee  supposed  its  work  more  than  begun  by  tho 
punishing  of  the  assassins  of  Richardson  and  Kin<i;. 
Thinking  men  fully  realized  that  it  was  necessary  to 
break  in  pieces  the  organized  rings  which  by  fraud 
and  violence  had  attained  official  position  in  order  tlio 
more  effectually  to  plunder  the  public — rings  coni- 
posed  of  political  thieves,  differing  only  from  tlio 
more  manly  ordinary  thieves  in  stealing  according  to 
law  and  in  making  the  law  fit  thieving  rather  than 
quarrel  with  it.  It  was  necessary  to  punish  or  drive 
away  the  brutal  instruments  by  which  these  rings  had 
defeated  the  frequent  efforts  at  reform  made  by  gootl 
citizens. 

Again  on  the  30th  of  May  the  board  of  delegates 
met  to  confirm  or  disapprove  of  what  had  been  done. 
The  testimony  against  Mulligan,  Gallagher,  Carr, 
Kearney,  and  others  was  read  and  the  verdict  t>f  tlie 
Executive  announced.  The  delegates  signified  their 
approbation.  The  case  of  Mr  Edward  Bulger  was  in 
like  manner  disposed  of.  The  2d  of  June  the  black 
list  was  taken  up  and  John  Crowe,  Ira  Cole,  James 
Hennessey,  J.  W.  Baglcy,  James  Cusick,  Terence 
Kelley,  James  Claughley,  Jacob  Retchit,  WilHani 
McGuire,  Robert  Cushing,  and  Michael  Brannigan, 
were  ordered  to  leave  the  state.  John  Cooney  was 
warned  to  reform  his  ways,  for  the  eyes  of  the  Com- 
mittee were  upon  him. 

The  trial  of  Duane  was  begun  the  3d  of  June  and 
concluded  next  day,  resulting  in  a  sentence  of  traus- 
pcirtation.  The  following  preamble  and  resolution 
arc  found  upon  the  record:  "Whereas,  the  evidence 


MILITARY  PREPARATIONS. 


349 


l)r(iuglit  lis  establishes  conclusively  that  Charles  P. 
Diiaiii'  has  for  years  been  a  disturber  of  the  peace  of 
this  coiinnunity  by  repeated  assaults,  often  with  deadly 
weapons,  upon  unoffending  citizens,  and  by  his  inter- 
t(  rt-nce  with  our  elections;  resolved,  that  he  be  sen- 
ttiicfd  to  leave  this  state  in  such  a  manner  as  siiall 
ill  reiifter  be  determined,  and  warned  never  to  return 
uiidi  I'  penalty  of  death."  The  case  of  Brace  the 
iiiiH'di'ivr,  then  in  jail,  and  whose  term  of  im[)rison- 
iiKiit  expired  the  5th  of  June,  was  referred  to  a 
(•(tniniittee.  The  black  list  was  called  up  and  conned 
ivory  day. 


^roaiiwhile  Olney  and  his  captains  were  active 
(hilling'  the  military.  There  were  daily  excitements 
siitHcient  to  keep  alive  their  interest,  sudden  calls 
which  Ijrought  the  forces  out  upon  the  street  in  mar- 
tini (irck'r. 

In  view  of  the  impending  collision  with  the  state  au- 
thorities, the  committee  on  military  affairs,  at  a  meet- 
ing lield  the  9th  of  June,  proposed  a  reorganization  of 
their  forces  which  should  embody  the  entire  associa- 
tion, on  the  following  plan:  There  should  be  formed 
three  infantry  regiments,  composed  of  two  battalions 
( if  f(  )ur  companies  each ;  one  battalion  of  artillery,  one 
hattalion  of  cavalry,  and  one  French  legion.  The 
lit'M  officers  to  be  for  each  regiment,  one  colonel,  one 
lirutt'iiant-colonel,  and  two  majors;  for  the  battalions 
I  if  aitillery  and  cavalry  one  major  each ;  for  the  French 
h'^ioM  one  colonel  and  one  lieutenant-colonel.  The 
otticers  to  be  elected,  the  colonels  and  lieutenant- 
colonels  by  the  executive  committee,  and  the  majors 
ity  the  respective  battalions.  All  were  to  be  ke[)t  in 
readiness  to  march  at  a  moment's  notice  at  the  order 
of  the  grand  marshal.  Present  quarters  were  pro- 
nounced extremely  insecure,  being  open  to  attack  from 
Front  and  California  street  sewers.  Commercial  street, 
the  rear  alley,  and  also  being  commanded  from  ev(  ry 
hill  in  the  city,  besides  being  weak  in  defence  from 


•i.: 


m 


t 


m 


8S0 


SWIFT  AND  SILENT  MECHANISM. 


otber  causes.  This  committee  then  recommended  im- 
mediate removal  to  more  secure  (juarters,  and  su;4-^'i  ,si»  d 
California  street  near  Mason.  No  removal,  howt  vt  r, 
was  made,  the  executive  trusting  more  in  men  tiuiii  in 
walls. 

There  were  some  few  accessions  of  horsemen  to  the 
vijjjiiant  guards  on  Tuesday  the  10th  of  June.    Ocncral 
drilling  continued,  but  the  feature  of  the  day  was  the 
artillery  })ractice  on  the  street  before  the  Coniiuittco 
rooms  under  the  direction  of  F,  1).  Johns.     The  cim- 
nons  were  collected  from  various  sources,  some  of  tlinii 
being  ship's  guns  clumsily  fastened  to  running-ge;u- 
with  ropes  and  chains,  but  for  purposes  of  dcitiicc 
they  would  do  effectual  service.     All  the  guns  wtic 
to-day    discharged,  cleaned,  and   reloaded,  and    the 
cannon  made  ready  for  instant  service.    In  the  cwii- 
ing  between  two  and  three  thousand  were  in  arms,  .nul 
a  stroke  of  the  vigilance  bell  would  have  placed  as 
many  n»ore  by  their  side.    During  the  afternoon  ynnw^ 
America  took  the  field  in  the  form  of  sixty  little  buys. 
who  assembled  on  Stockton  street,  and  with  stiipcd 
pantaloons  and  sticks  for  swords  and  guns,  maidied 
down  to  Sacramento  street,  drew  up  in  line  of  battle 
in  front  of  Fort  Vigilance,  and  demanded  of  the  Cdih- 
mittee  that  they  should  lay  down  their  arms  and  dis- 
band or  treat.    Certain  spectators,  enjoying  the  sport, 
filled  their  pockets  with  nuts  and  candy,  and  in  return 
the  infant  band  offered  to  search  for  McGowaii,  nr 
attack  the  law  and  order  forces    if  permission   was 
granted    them.      During   the   night   rumors    havinij; 
reached    the  Committee   of  a  threatened   attack,  a 
breastwork    of  sacks   filled  with    sand  was  ordeicd 
thrown  up  in  front  of  the  rooms.     Drays  loaded  witli 
the  sand-bags  began  to  arrive  about  one  o'clock  in  tlu; 
morning  of  the  11th,  and  a  fortification  two  hundred 
feet  long,  thirty  feet  wide,  and  live  feet  high,  with 
embrasures  at  either  end  for  cannon,  was  constructed. 
Behind  this  breastwork  the  aj'tillery  was  placed  in 
position  so  as  to  rake  all  approaches.    The  guns  were 


THE  IMPnXDING  CRISIS. 


331 


W(ll  manned,  find  sentinels  stationed  at  every  outpost. 
Tilt'  ni.f!it,  liowever,  passed  quietly.  Tiius  far  the  law 
iuid  older  forces  comprised  tliirtecn  conipauirs  of  from 
tiftv  to  suventy-tive  men  each.  No  sorious  fears  were 
( iitritiiined  hy  the  Connnittee,  but  they  ilctt^rmined 
iiivir  I'oi'  a  moment  to  be  off  their  <^uard.  Indi'cd,  the; 
tiuii'  was  rapidly  passing  in  which  it  were  possihK)  for 
llic  n()\ crnor's  [>roclan»ation  to  be  sustained.  Tiie  con- 
stantly increasing  strength  of  the  A'^igilancc  Comnuttee 
iravc  their  opponents  little  hope.  Loud  calls  wore  made 
fui-  oilicials  to  resign.  One,  Hampton  North,  city 
maislial,  responded. 

This  same  day  the  following  report  was  handed  the 
]A((Utivo  by  the  committee  on  foreign  affairs:  "Tliat 
the  marshal  has  detailed  from  each  company  ten  men 
\vh<)  have  their  arms  deposited  at  their  respective 
places  of  residence,  and  who  have  orders  in  case;  of  a 
^ft  iieial  alarm  to  report  to  their  connnanding  otHcer  in 
two  ].l;ices,  namely,  in  front  of  the  Oriental  Hotel,  and 
ill  IVoiit  of  the  Monumental  Engine  House."  They 
suo-Livste'd  also  that  the  members  of  the  ijreneral  com- 
luittee  he  notified  that  the  signal  of  recognition  recom- 
mended  in  case  of  attack  was  a  white  ribbon  placed 
in  the  top  button-hole  of  the  left  lapel  of  the  coat, 
the  rjillying  cry  in  case  of  difficulty  the  word  'vigil- 
ants"  They  also  reported  a  secret  depository  of  arms 
estaMished  in  the  third  story  of  Messrs  Arrington's 
store,  and  also  in  the  store  of  J.  W.  l^rittan.  A  plan 
for  the  protection  of  the  building  was  also  pro[)osed, 
all  of  which  were  adopted. 

Next  meeting  the  Executive  ordered  all  arms  re- 
moved from  head-quarters  except  ilvc  hundrc-d  mus- 
kt'ts,  fifty  rifles,  fifty  shot-guns,  and  such  cannon  as 
could  be  used  advantageously  in  case  of  attack,  and 
that  the  remainder  of  the  arms  of  the  association  be 
kept  part  in  the  hands  of  me:.il)ers  and  part  in  such 
private  depositories  as  should  be  designated.  This 
was  to  prevent  the  possibility  of  the  entire  cajjture 
oi'  their  arms  in  case  Fort  Viirilance  was  taken.     Mr 


I 

■A 

■I 


■ 


SWIFT  AND  SILENT  MECHANISM. 


1^ 


Smiloy  offered  his  store  as  a  rallying-point  of  the 
executive  coniniittee  in  case  they  were  cut  oft*  iVom 
head-quarters  in  the  coming  anticipated  difficulty. 

While  proclamations  were  thus  being  fuhninutL'd, 
and  the  military  were  being  prepared  to  attenii)t  tliu 
enforcement  of  the  habeas  corpus,  the  executive  ((un- 
mittee  were  quietly  shipping  from  the  country  the 
culprits  the  law  so  itched  to  grasp. 

A  daring  attempt  was  made  to  bum  the  Vigilnnce 
Committee  building,  between  twelve  and  one  o'chick 
Tuesday  morning  the  17th  of  June.  Shavings  placed 
in  the  rear  of  the  Fulton  Iron  Works  on  Davis  street 
bcitween  Sacramento  and  California  streets  wen-  fired, 
but  before  the  flames  had  made  much  progress  they 
were  discovered  and  extinguished  by  the  vigilaiuv 
guard. 

The  black  list  now  occupied  the  chief  attention  of 
the  Committee.  Tlie  committee  on  evidence  dexotod 
their  whole  time  to  procuring  testimony  against  odious 
and  disreputable  characters,  which  Wiis  sifted  and  ar- 
ranged so  as  to  present  each  in  his  true  light  betore 
the  tribunal.  The  accused  were  then  put  U[K)n  trial 
and  opportunities  offered  them  for  rebuttal.  The 
matter  was  determined  and  placed  before  the  board 
of  delegates.  Finally  to  the  prisoner  was  disclosed 
the  sentence  of  his  judges,  and  if  convicted,  the  time 
of  his  departure  was  named,  within  which  time  his 
affairs  here  wore  to  be  settled.  From  time  to  time, 
by  steamer  and  sailing-vessel,  as  opportunity  olKied, 
many  thus  convicted  were  shipped  out  of  the  counti  v. 
while  others  were  warned,  often  under  seal,  that  the 
over  Wiiteht'ul  eye  was  (m  them.  In  all  this  tin; 
greatest  care  was  taken  that  no  injustice  should  be 
done;  at  the  same  time  proof  needed  not  to  be  strictly 
legal  in  order  to  cany  conviction. 

I  will  cite  the  case  of  (yumiingham  as  an  exanipli\ 
Information  convincing  beyond  peradventure  was 
[)rousifht  to  the  Conunittec  that  this  man  was  bad, 
very  bad,  that  ho  was  a  false  coiner  and  a  robber  of  the 


BUSY  DAYS. 


353 


(load  imdor  outrageous  circumstances.  Tlie  district  at- 
toiiH'N .  who  was  asked  to  testify, declared  that  althouj^h 
Ik'  kiK'W  hiui  to  be  guilty  he  could  not  convict  him 
Miidt  r  the  statute,  because  to  do  so  he  nmst  have  one 
ot  tlic  identical  counterfeit  coins  issued  by  him;  it 
was  \\)v.  old-i'ashioncd  slug,  or  tifty-dollar  jjiecc!.  The 
( 'oimnittce  held  the  case  under  examination  until  they 
wt  IV  thoroughly  satisfied  that  the  man  was  guilty,  and 
till  :i  thty  banished  him  from  the  country, 

Tl  is  was  the  class  of  cases  which  the  Connnittee 
niadi'  more  particularly  its  own.  New*  and  legally 
|tiovahlc  cases  they  left  to  the  law.  Mt '»• »  partic(darly 
did  tht'V  decline  taking  cognizance  of  cases  outside 
iii'ii-  locality,  or  what  they  determined  as  their  juris- 
diitioii— instance  the  matter  of  the  second  mate  of 
ill.'  steamer  dobleti  (nite.  A  delegation  of  jiassengers 
till'  IJth  of  June  waited  on  the  Committee  with  the 
i>i|U('st  to  seize  the  mate  and  execute  justice  on  him, 
liut  tluv  j)erem})torily  declined  taking  any  action  in 
I  lie  matter.  The  Committee  referred  the  delegation 
III  tln'  I'liited  States  Connnissioner,  saying  if  the  coni- 
iiiissionor  <lesired  their  aid  they  would  give  it  him, 
hut  tliiiv  would  not  otherwise  interfere. 

Attention  was  next  turned  to  improper  men  in 
oliicc.  At  the  meeting  of  dune  loth  a  committee  of 
li\r  was  ai)pointed  to  in<]uire  into  and  report  upon 
such  county  ofiicers  as  should  be  invited  to  resign 
their  positions;  and  also  to  report  who  and  what 
|iii\v(  r  should  till  tiiosc  olKces  until  next  <.dc!cti<ni,  and 
\\  littlu'r  appoiiitments  could  Ixj  made  satisfactoi-y  to 
llu'  loiiimittee  and  to  the  conmiunity.  A  committee 
was  also  a|)|>ointed  to  wait  on  the  merchants  witli  a. 
pet  it  ion  for  their  signature  to  the  presidi'iit  of  the 
I  lilted  States  for  the  removal  of  United  States  Mar- 
slud  McDurtie. 

Another  exodus  of  criminals  occurred  on  Friday, 
the  -JOth  of  dune,  which  was  likewise  a  day  of  })urga- 
tlnii  t'oi-  San  Francisco.     It  was  in  all  resjiects  a  busy 

I'm:  Tiiiu.,  Vol.  li.    %i 


m 


If 

;H1 


'i 


M4 


SWIFT  AND  SILENT  MECHANISM. 


day  within  the  walls  of  Fort  Vigilance.  Amidst  tlio 
shipment  of  prisoners,  new  arrests,  preparations  for 
defence,  examination  into  the  conduct  of  city  offirials, 
and  multitudinous  other  affairs,  attention  was  drawn 
toward  disbandment. 

Two  days  before  a  special  committee  had  been  ap- 
pointed to  examine  the  business  affairs  of  the  associa- 
tion, and  to  report  at  what  time  it  would  be  practicable 
for  the  general  committee  to  adjourn.  It  was  resolved 
by  this  committee  and  so  reported  to  the  Executive  on 
the  20th  that  no  new  business  be  taken  up  after  the 
24th  instant  unless  in  extreme  cases;  that  the  utmost 
diligence  be  used  to  close  up  all  business,  and  to  have 
all  verdicts,  notices  to  leave,  and  sentences  executed 
before  the  3d  day  of  July;  that  on  the  4th  day  of 
July  a  full  parade  of  all  troops  and  of  all  meni'oors 
of  the  Committee  of  Vigilance  shall  take  place  under 
the  direction  of  the  grand  marshal  in  conjunction 
with  the  president  and  the  military  committee,  who 
were  charged  with  all  the  necessary  arrangements; 
that  the  executive  committee  give  notice  on  the  4th 
of  July  that  on  and  after  the  5th  of  July  the  general 
committee  will  adjourn  and  that  the  executive  com- 
mittee and  board  of  delegates  continue  to  meet,  and 
the  general  committee  to  hold  themselves  ready  at 
all  times  to  respond  to  the  regular  alarm-call  of  the 
Executive;  that  in  adjourning  the  committee,  thty 
should  give  notice  that  the  return  of  any  persons  who 
have  received  notice  to  leave  or  who  have  been  sent 
out  of  the  country  by  their  orders  should  be  sufficient 
cause  for  {in  immediate  call  for  the  assembling  of  the 
general  committee  for  decisive  action.  This  action 
was  not  kept  secret;  the  notice  of  the  4th  of  July 
parade  was  given  out  formally  and  informally  to  the 
general  body  and  to  the  community. 

The  fact  is  the  committee  sincerely  desired  to  avoid 
collision  with  the  authorities.  They  were  not  intimi- 
dated by  threats,  as  their  f-iib^Ciiuent  action  shows. 
They  were  never  stronger  than  now,  and  they  laiow 


BITTERNESS  OF  FEELING. 


3S6 


the  opposition  was  not  as  strong  as  themselves.  But 
as  they  deemed  their  work  essentially  finished  they 
thought  to  hasten  its  close,  rather  than  to  prolong  it 
unnecessarily  in  the  face  of  the  intense  bitterness  of 
feeling  manifested  by  their  opponents. 

This,  however,  was  not  to  be.  The  history  of  the 
Vigilance  Committee  was  not  destined  to  close  here. 
While  the  hopes  of  the  Committee  were  freely  and 
publicly  expressed,  that  the  opposition  would  recog- 
nize their  moderation  and  respond  to  their  efforts  to 
avoid  the  threatened  conflict  of  arms,  the  next  day 
the  Committee  were  advised  that  the  governor  and 
General  Boker  were  on  their  way  to  the  city,  one 
from  Sacramento  and  the  other  from  Stockton,  each 
with  military  preparations,  and  that  they  would 
parade  in  the  streets  of  San  Francisco  on  the  day 
following.  General  Howard,  successor  to  General 
Sherman,  was  receiving  government  munitions  from 
Bonicia,  so  report  ran,  and  men  were  standing  ready 
to  receive  and  use  them.  "This  was  not  peace,  but 
war,"  says  Mr  Coleman,  "which  we  were  trying  to 
avert."  There  was  but  one  thing  to  do,  and  that  was 
to  intercept  those  arms  and  bring  them  to  head-quar- 
ters, and  this  the  Committee  set  themselves  at  once 
to  do. 


.  \R 


Never  had  there  arisen  in  any  state  an  issue  which 
aroused  such  bitter  feelings  in  the  breasts  of  the 
minority  against  the  majority.  From  the  first  the 
cry  of  official  incumbents  and  their  party  sympathizers 
was  havoc,  and  let  loose  the  dogs!  They  would 
hutt'her  half  the  city  if  necessary  to  wreak  their  ven- 
geance on  mercenary  pork  and  flour  sellers  who  had 
clarcd  to  call  in  question  the  ability  and  integrity  of 
gontlemcn  of  the  politico-pistol  school.  Nor  did  their 
all-absorbing  thirst  for  revenge  cease  with  the  dis- 
bandmcnt  of  the  Committee.  It  galled  their  arrogant 
blood,  it  intensified  their  chivalrous  hate  co  see  with 
what  consummate  skill  and  dignified  self-possession 


ri' 


•89 


SWIFT  AND  SILENT  MECHANISM. 


these  base-born  canaille  had  so  successfully  adiiivod 
their  noble  purpose.  For  months  afterward  their 
journals  rankled  in  their  impotent  rage.  The  national 
government,  the  state  government,  and  the  denidcintic" 
part}',  they  enlisted  in  their  sympathy  and  n^iiinst 
the  Committee.  Politicians  and  public  menials  tlity 
could  command,  but  they  were  not  the  people. 

As  one  observes,  conunenting  upon  the  course  jmr- 
sued  by  the  Herald:  "History  is  ransacked  for  ilkis- 
trations.  Rome,  France,  Venice,  the  Holy  Inquisitiou 
in  their  worst  and  bloodiest  days,  Draco,  Robespiiirc 
were  all  innocent,  and  even  Cerberus,  the  watcliMlcxr 
of  hell,  is  considered  amiable  when  contrasted  with 
the  people  of  San  Francisco." 

As  a  rule  the  Committee  were  prayed  for  iVoni. 
pulpits.  But  a  southern  divine,  subsequently  ni()l)l)od 
in  his  church  and  expatriated  for  indulging  too  freoly 
his  opposition  to  the  north  in  its  war  for  the  nnicni, 
went  somewhat  out  of  his  way  as  some  thoui^ht  in 
publishing  in  the  Philadelphia  Presbyterian  two  and 
a  half  columns  denunciatory  of  the  A'igilance  Com- 
mittee members,  which  organization  included  scarcely 
less  thaii  three  fourths  of  his  congregation.  "In 
this  elaborate  epistle,"  says  the  Bulletin  of  Octo- 
ber 1st,  "the  Vigilance  Conunittec  of  this  city  is 
attacked  in  a  manner  that  in  our  opinion  is  liighly 
unbecoming  in  a  minister  of  the  gospel.  The  w titer 
gives  as  one  of  the  reasons  for  publishing  his  K  rtcr 
in  Philadelphia,  that  he  wishes  to  avoid  'local  prciu- 
dices  and  momentary  excitements,'  having  been  'told 
that  I  must  pray  for  the  Committee  and  jiroach  in 
their  behalf,  and  that  if  niv  sentiments  aoainst  th'in 
Mere  known  I  should  lose  my  congregation.'  Connni,^ 
from  one  who  claims  to  bo  impartial  and  unprojudiced 
and  who  affirms  that  liis  mission  is  to  pour  oil  on  the 
troubled  waters,  and  not  to  create  wrangling  among 
his  brethren,  it  must  meet,  as  it  merits,  the  seveiost 
condemnation  of  evoy  Christian,  or  we  have  yet  to 
learn  in  what  Christianity  consists."     In  ansA\er  to 


FEUDS  AND  ANIMOSITIES. 


357 


wliicU  last  clause  of  the  quotation  it  has  been  sug- 
ije.sted  to  nie  that  in  this  instance  Christianity  eoii- 
sistcd  in — drst,  love  of  notoriety;  second,  love  of 
sinm  IS,  the  pistol  and  bowie-knife  chivalry  being  re- 
oardfd  as  chief;  and  lastly,  love  of  formulas  and 
laiKitical  dogmas.  In  this  instance  the  zeal  of  tiie 
(kruyman  was  rewarded  by  glorious  martyrdom;  he 
UAw'^  hanged  in  effigy  before  his  church  the  next 
Sunday  and  having  the  pleasure  of  a  newspaper  con- 
truv(  rsy  for  a  few  days  thereafter,  both  of  w^hich  he 
liui^c'ly  enjoyed. 

Tliere  were  feuds  and  bitter  animosities  between 
parties,  between  individuals,  and  between  friends  and 
liruthcrs;  hate  rankled  in  the  breast  of  multitudes. 
Fosti'red  by  national  prejudices,  by  partisan  pride,  and 
ly  individual  interest,  the  conflict  on  either  side  as- 
suiikhI  an  intensity  seldom  seen.  There  is  no  hate 
like  the  hate  of  a  brother;  there  is  no  war  like  civil 
w-Av;  and  these  men,  hundreds  of  them  on  both  sides, 
wore  ready  to  spill  tlie  last  drop  of  blood  before  tliey 
would  yield  one  jot, 

But  in  the  ever  varying  life  and  population  of  this 
niuid  cosmopolitan  of  cities  these  infelicities  were 
soon  forgotten.  In  the  after  and  more  thoughtful 
{'(.nsidci-ation  of  the  events  and  of  the  motives  which 
I'li^'cndered  tliem,  what  appeared  so  strange  to  those 
on  cither  side,  what  a[)peared  so  monstrous,  so  far 
ictnovud  from  rectitude  and  good  morals,  was  regarded 
Mitli  kinder  and  more  charitable  eyes,  and  the  n«)bler 
lioartcd  of  both,  factions  begjin  to  see  sf)me  shadow  of 
truth  in  the  view  taken  by  their  opponents. 


'II 


CHAPTER  XX. 


THE  GOVERNOR  INVOKES  FEDERAL  AID. 


Fin  a  dishclout  to  his  tail. 

Swift. 

Besides  "  these  active  preparations  at  homo,  and 
failing  to  move  to  his  purpose  either  the  niilitarv 
or  naval  commandants  of  United  States  forcts  on 
the  Pacific  Coast,  Mr  Johnson  appeals  to  Wash- 
ington. 

On  the  19th  of  Jmie,  185G,  the  governor  wrote  tho 
president  a  full  account  of  his  troubles,  and  dcspatdRd 
his  message  by  the  hand  of  R.  A.  Thompson  and  Y. 
Forman,  who  sailed  by  the  steamer  of  the  20tli 
instant.  These  gentlemen  were  to  supplement  tlit- 
governor's  appeal  and  furnish  such  detail  as  circum- 
stances and  their  powers  of  graphic  description  eoulil 
command.  Their  duties  were  defined  in  their  com- 
missions, that  of  Mr  Thompson's  reading  as  follows: 


'State  of  Califorxia,  Executivj;  Department, 
Sacramento,  Oal.,  June  18,  185G. 


} 


"Sib:  Yon  are  hereby  deputed  ou  behalf  of  tho  State  of  California  to  pro- 
ceed by  tlie  most  rapid  nieana  of  coveyance  to  the  city  of  Washington,  ami 
make  application  to  tlic  president  of  the  United  States  for  tho  use  and  ser- 
vices of  such  arms  and  ammunition,  together  with  the  aid  of  tho  naval  aii'l 
militiiry  forces  of  the  United  States,  as  may  ho  required  by  the  exoeutivi'  ot 
this  state  in  the  suppression  of  the  existing  insurrection  in  the  city  of  Sail 
Francisco;  and  also  to  perform  generally  such  duties  as  may  be  deenu'd 
pr()j)er  and  necessary  in  the  prosecution  of  stub  mission.  In  the  pcrforiiiaiicu 
of  tliis  duty  you  will  be  aided  by  Colonel  F.  Fornau  of  this  city,  who  is  aji- 
pointed  by  me  to  the  performance  of  similar  services.  I  will  transmit  Ijy  iiim 
the  necessary  papers  relating  to  this  subjci  t.  I  r(!gret  to  say  the  arrain'c- 
meuta  which  it  was  believed  could  be  perteoted,  whereby  a  sum  of  nmucy 

(US8) 


JOHNSON'S  LETTERS. 


could  lie  placed  at  your  disposal  for  the  expenses  of  the  trip,  have  proved  un- 

Slid t.ss fill  thus  far,  and  reliance  will  have  to  be  had  on  the  faith  and  credit 

uf  tlio  state  for  the  repayment  of  your  expenses,  also  for  the  value  of  the 

HtrviLiij  to  bo  rendered  by  both  of  you  gentlemen.   I  will  write  you  more  fully 

uiy  views  to-mon'OW. 

"J.  Neelt  Johnson,  Governor  o/ California. 

"Hon.  R.  AmjvUua  Thompson,  San  Francisco,  Col." 

Although  the  governor's  letter  is  somewhat  lengthy 
and  repeats  much  that  has  already  been  written,  I 
uivo  it  in  full,  deeming  it  important  that  every  side 
of  tliis  subject  should  be  laid  before  the  reader  with 
(.([ual  fairness.  As  a  matter  of  course  due  allowance 
must  he  made  for  the  ex  parte  statements  of  a  man 
l)ii  111  fill  of  passion  and  never  over-scrupulous  as  to 
his  iUc'ts. 

*'  Executive  Dti-AimiEST,        \ 
Sacramento  City,  Cal,,  June  10,  1856.  f 

"  Siu:  In  view  of  the  existing  condition  of  iifTairs  in  the  city  and  county 
(if  San  FraiiciMCO  in  this  state,  I  am  constrained  to  call  upon  the  general 
jioveruniuiit  tlirough  tin;  intervention  of  your  excellency  for  aid  and  assistance 
ill  tlif  fiiforcc'inent  of  tlio  laws  (jf  this  state;  and  that  you  niuy  better  under- 
stand tlie  iiroiiriety  of  readily  granting  such  requests,  I  would  beg  leave  to 
jiri'seiit  a  brief  recital  of  events  which  have  recently  transpired  and  rendered 
iRi'i'ssaiy  such  application.  As  early  as  the  10th  of  May  last  an  organization 
sityliiig  tlicniselves  the  Vigilance  Conmiittee  was  fijnned  in  that  city,  secret 
in  its  character  and  to  the  uainitiuted  its  purposes  unknown,  except  as  their 
snliscqucnt  acts  have  developed  themselves.  Although  the  jiresuniption  is 
tliiit  tlie  organization  had  its  origin  in  the  events  connected  with  the  shooting 
ipf  .Mr  .lames  King  by  Casey  on  the  14th  of  the  same  month,  apprehensions 
\wvv  (.'iitertained  from  the  incendiary  appeals  of  the  press  and  the  public  ex- 
ritijiiii.'iit  that  an  attempt  would  be  made  to  attack  the  jail  where  Casey  was 
conliiu'd,  rescue  him  from  the  olhcers  of  the  law,  and  deal  out  summary  pun- 
isliimiit  to  him ;  in  fact  an  effort  was  made  to  do  so  by  a  mob,  prior  to  this 
ui;,'aiiization,but  was  resisted  successfully.  In  the  mean  time  the  mayor  had 
called  on  tlie  military  forces  of  the  city,  numbering  some  ten  companies,  for 
assistance ;  the  sheriff  did  his  utmost  to  obtain  the  aid  of  a  imsw  capable  of 
resisting  siicli  anticipated  attack.  It  was  found  that  the  response  in  both 
(iisL's  was  but  limited;  not  more  than  fifty  or  sixty  of  the  niilitjiry  could  be 
'li'liiiided  on;  companies  disbanded,  large  numbers  of  them  joined  the  Vigil- 
ami;  Committee,  forcibly  placed  in  the  possession  of  that  organization  arms 
aad  accoutri'ments,  including  the  only  two  pieces  of  artillery  Ijelonging  to  the 
stati'  ^\  liich  had  been  issued  to  them  as  volunteer  companies  by  the  state,  and 
not  one  in  ten  of  those  summoned  by  the  sheriff  would  obey  his  call.  It 
cciiiicd  as  if  a  universal  panic  had  seized  upon  the  people,  and  the  fear  of  this 
funuiilable  organization  impelled  law-abiding  and  law  -observing  citizens  gen- 


3G0 


THE  GOVERNOR  INVOKES  FEDERAL  AID. 


erally  to  alirink  from  the  responsibility  resting  on  them  as  citizcnH  ow  inrr  to 
the  constitution  and  laws  of  the  state.  On  the  17th  of  this  montli,  whiu  it 
was  numifcHt  that  neither  a  military  nor  a  citizen  force  could  be  obtuiiicil  in 
defending  the  jiiil,  an  anned  l)ody,  estimated  at  three  or  four  thousand  ikisoms, 
muruheil  tu  the  jail  and  demnndud  tlic  delivery  of  two  prisoners,  i'lmy  mul 
Cora.  Tlie  sheriir  was  powerless,  the  few  men  he  had  about  him  wonlil  have 
constituted  no  impediment  in  the  way  of  these  superior  numlwrs,  nnd  ivsist- 
nnoe  was  useless;  he  was  forced  to  give  up  the  prisoners.  A  few  days  Litrr 
this  same  Iwdy,  from  the  windows  of  their  place  of  meeting,  hung  tiiu  two 
men  refen-ed  to.  Furthermore  they  jiroeeed  to  an-est  various  individuals, 
search  the  houses  of  many  of  the  best  citizens  on  the  most  frivoldus  and 
groundless  pretext,  establishing  a  system  of  espionage  orer  the  couvci-.sa- 
tion  and  movements  of  reputable  citizens,  male  or  female,  wholly  unknown 
to  the  laws  or  usuages  of  a  republioau  form  of  government.  At  length  for 
one  of  the  parties  arrested  by  order  of  this  self-constituted  tribunal,  on  iqipli- 
cation  l>eing  made  to  one  of  the  judges  of  our  supremo  court,  he  issued  a  vrit 
cf  habeas  corpus.  The  sheriff  was  prevented  by  the  resistance  of  this  iiriiit'd 
body  of  men  from  serving  it ;  and  a  few  days  later  the  pjirty  for  whom  this 
writ  was  issued,  in  company  with  several  otiier  citizens  forcibly  trausjioitcd 
beyond  the  state,  by  different  modes  of  conveyance  and  to  ditlerent  placus^ 
report  says  China,  Australia,  and  the  Sandwich  Islands.  In  the  mean  time 
one  of  the  nundier  they  had  arrested  and  whilst  in  their  custoily,  leai'iiiiig  his 
sentence  of  banishment  from  the  country,  rather  than  submit  t<j  it,  connuittfd 
suicide  in  the  cell  where  they  had  confined  him.  On  the  ,3d  day  of  thi'  pri's- 
eut  month  I  issued  a  proclamation,  a  copy  of  which  I  enclose  in  the  form  of  a 
printcil  slip,  declaring  the  county  of  San  Francisco  in  a  state  of  insurrcctioTi. 
To  General  Wo(d  I  had  jireviouslj',  in  a  personal  interview,  detiiiled  tiu'  lun- 
dition  of  afl'airs,  of  whicii  mattere  he  was  fully  informed  otherwise.  At  siuli 
interview  he  unhesitatingly  promised  me,  on  the  representation  made  liini  tiiat 
we  were  almost  wholly  destitute  of  arms,  and  of  annnunition  we  hud  noiif,  to 
furnish  on  my  reipiisition  when  wu  wanted  them  such  arms  and  ammunition 
as  we  desired.  Within  one  or  two  ilays  after  the  issuance  of  my  proclaniation, 
of  which  I  duly  notified  him,  I  made  a  recquisition  on  (ieneral  Wool  for  wr- 
tain  arms  and  ammunition  to  be  furnished  Major-geniTal  W.  T.  Sheniiaii,  in 
connnaiid  of  tlie  stiite  troops  at  San  Francisco,  but  to  my  great  surprise'  \\f 
rc'fust.'d,  iilleging  that  he  had  no  authority  so  to  do  in  any  ca.se.  To  show  liiiii 
tliat  till'  necessities  of  the  case  were  of  such  an  urgent  charact(!r  as  should 
induce  a  compliance  with  my  retpiest,  I  communicated  with  him  u^'iiiii.  a 
copy  of  which  letter,  dated  June  7th,  I  herewith  enclose.  To  this  iiis  reply 
was  as  before,  a  peremptory  refusal  to  furnish  anj"  pai't  of  such  re(|uisition. 
In  tlic  mean  time  the  Vigilance  Connnittee  continued  to  arm  them.selvc.s  witli 
muskets,  a  huge  (juantity  of  which  they  early  procured;  guns  of  various 
calibre,  ranging  from  six  to  thirty-two  pounders,  numbering  near  or  almut 
thirty  pieces ;  erected  fortifications  in  the  central  business  portion  of  the  city; 
proceeded  with  the  trial  and  conviction  of  various  perscms;  nnd  now  have  in 
their  custody  several  citizens,  while  others  have  betn  compelled  to  tlcc  for 
protection  and  safety  to  remote  parts  of  the  state. 

"During  all  this,  warlike  dcnionotrations  are  proceeded  with,  members  of 


THE  PRESIDENT'S  REPLY. 


361 


their  or;;anization,  on  tho  streets  and  public  assemblages,  and  through  the 
(ciliiiiiiis  oontioUetl  and  directed  by  them,  the  most  violent  harangues  and  iu- 
flaiiuiiiitory  uppctils  are  indulged  in,  both  against  the  general  and  state 
L'ovt'i'niiicntH,  and  at  least  one  of  their  organs  comes  out  Ijoldly  and  defiantly 
a",'iinst  existing  authority  and  calls  upon  the  people  to  assemble  and  form  a 
new  gDVcninieut.  The  power  and  authority  of  tho  state  is  set  at  naught. 
These  inilawfnl  proceedings  cannot  Ije  arrested,  simply  iMscanse  we  are  desti- 
tute of  anus  and  ammunition  whereby  to  equip  a  force  capable  of  coping  witii 
tiit'iM,  u'hicli,  it  is  now  said,  numbers  six  or  seven  thousand  witii  their  syni- 
]iatlii/irs  in  large  numliers  outside.  At  most  we  have  not  muskets  and  rillcs 
ciimi;,'li  to  arm  six  hundred  men;  ordnance  and  ammunition  we  have  none. 
1  would  tliLTcfove  most  urgently  ask  that  you  transmit  ordci-s  to  the  officer 
wiio  is  or  maybe  commanding  the  Pacific  division,  to  issue  to  the  state  author- 
ities on  tliu  recjuisition  of  thu  executive,  such  amip  and  ammunition  as  may 
lM'iK'c<k(l  for  the  purpose  of  the  insurrection;  at  leaEi  i;  the  num1)er  and  (juantity 
gpccitifcl  in  the  requisition  I  matle  on  General  Wiol,  as  appears  in  a  post- 
scriiit  of  the  enclosed  copy  of  my  comnumication  to  him  of  June  7th. 

"I  woiUil  also  urge  the  importance  of  transmitting  aucii  orders  to  the  oflRcer 
comiiiunding  this  department  to  render  such  assistance  in  anns  and  ammuni- 
tion at  any  future  period  as  may  be  required  by  the  executive  for  tlie  j»ur- 
]io«c  of  enforcing  obedience  to  the  constitution  and  laws,  as  it  is  feared  tho 
fxaniplu  atForded  by  the  present  organization  may  extend  its  influence  to 
otliir  loLalitiea,  in  all  probability  to  renew  the  present  one,  even  after  dis- 
iianiling  their  forces.  In  conclusion  I  would  add,  without  tho  aid  which  is 
now  soiiglit  at  tho  hands  of  tlie  general  goveniment,  tho  sttite  authorities  can 
no  loiii,'('r  artbrd  protection  to  its  citizens  or  punish  the  lawless  acts  tliis  body 
(jf  men  iiave  Imjcu  guilty  of;  and  with  impunity  they  may  and  doubtless  will 
proceed  witli  such  acts  of  aggression  and  disobedience  towards  the  government 
as  will  ultimately  result  in  its  entire  destruction.  I  would  beg  leave  to  refer 
ymi  to  the  Hon.  R.  Augustus  Thompson,  recently  U.  S.  Laml  ConnnissioncT 
for  this  state,  and  Colonel  F.  Forman,  now  the  postmaster  of  the  city,  who 
are  ile|mti'd  by  me  to  lay  this  communication  before  your  excellency,  for  a 
more  (letiiiled  and  minute  relation  of  these  alTairs  tlian  can  conveniently  Ihj 
eiiilitxlied  in  a  written  communication.  Your  earliest  possible  attention  to 
this  matter  is  extremely  desirable. 

"  N'eiy  respectfully,  your  obedient  servant, 

"J.  Neely  JoiixsoN,  Governor  of  California. 

"  ///.I  K.Kce.Uency  Franklin  Pierce,  Presidtnt  of  the  Uniltd  Stutea,  Wash- 
iiKjUm,  J).  V." 


To  this  communication  the  president,  through  Sec- 
iL'taiy  ^larcy,  made  reply  in  these  words: 

"Department  of  State,  \ 

Washington,  .July  10,  18.50.  J 

"Stii:  The  president  has  received  your  communication  of  June  10th,  rep- 
resenting that  an  illegal  association  in  the  city  of  San  Francisco  had  over- 
powered by  force  public  authority  there,  and  requesting  the  aid  of  the  United 


802 


THE  GOVERNOR  INVOKES  FEDERAL  AID. 


States  to  enaV)lo  you  to  maintain  the  goTeminont  and  enforce  the  laws  of  the 
Btatti.  The  president  has  given  to  the  subject  the  most  careful  consideration. 
He  is  deeply  impressed  by  the  anomalous  condition  and  dangerous  tundiucy 
of  aiTairs  in  8an  Francisco,  as  set  forth  in  your  letter,  and  is  prepared,  whuu- 
ever  exigency  arises  demanding  and  justifying  his  interposition,  to  nuder 
assistance  to  suppress  insurrection  against  the  government  of  a  stiitu,  luul 
maintain  the  supremacy  of  the  laws  in  the  mode  and  to  the  extent  uf  the 
authority  vested  in  him  by  the  constitution  and  acts  of  Congress  of  the  Uuited 
States. 

"  In  the  present  case,  serious  doubts  of  his  lawful  power  to  proceed  in  tho 
manner  indicated  by  you  having  occurred  to  the  president,  he  rcfun-L-d  the 
question  to  the  attorney -general  for  advisement,  and  the  conclusionB  huIi- 
mitted  by  tliat  officer  have,  on  full  reflection,  been  decided  by  the  president 
to  constitute  insuperable  obstacles  to  the  action  now  desired  of  tho  general 
government.  The  report  of  the  attorney-general  is  enclosed  for  your  informa- 
tion. The  president  will  not  allow  himself  to  believe  that  tho  prevalence  of 
rash  counsels  and  lawless  violence  still  continues  in  San  Francisco.  Ho  con- 
fidently trusts  that  the  citizens  of  California  who  have  sulTered  themselves  to 
be  betrayed,  by  whatever  inducements,  into  violations  of  the  public  peace  of 
so  dangerous  a  character,  will  already  have  resumed  their  obedience  to  tlio 
laws,  and  that  hereafter,  instead  of  assuming  to  act  independently  of  the  con- 
stituted authority,  they  will,  as  good  citizens,  cooperate  with  it  in  the  earnest 
endeavor  to  secure  a  prompt,  impartial,  and  vigorous  administration  of  justiuc, 
in  tho  only  way  in  which  the  life,  property,  and  rights  of  the  people  can  Ik) 
protected  effectually,  that  is  by  faithful  conformity  with  the  constitution  and 
laws  of  tlie  state. 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

"W.  L.  Marcy. 

"Jlis  Excellency  J.  Neely  Johnson,  Governor  of  California," 

The  spirit  of  Attorney-general  Cushing's  opinion 
is  embodied  in  Mr  Marcy's  despatch.  It  is  too  long 
for  insertion  here.  The  attorney-general  says  thcru  is 
no  evidence  "in  what  has  thus  occurred  at  San  Fran- 
cisco that  there  has  been  committed  or  threatened 
any  act  of  resistance  or  obstruction  to  the  constitu- 
tion, laws,  or  official  authority  of  the  United  States." 
He  discusses  the  powers  of  the  president,  under  tho 
constitution,  to  introduce  military  force  into  n,  state, 
and  considers  that  the  present  case  does  not  justify 
interference  either  by  calling  out  a  militia  force  or  in 
other  respects  acceding  to  the  governor's  request. 
Even  had  federal  interference  been  invited  throui^li 
the  legislature  in  due  form,  the  statute  authorized  him 
only  to  employ  United  States  forces,  or  to  call  out 


PLAUSIBLE  PIERCE. 


tho  militia  of  some  other  state,  the  law  presuming  the 
governor  of  a  state  always  competent  to  call  out  his 
own  militia.  There  were  no  conditions  of  pressing 
exigency,  no  deeds  of  outrage,  no  shock  of  battio. 
The  trouble  was  in  the  regulations  of  confederation ; 
no  provision  had  been  made  for  subduing  tho  people 
of  the  state  to  the  will  of  one  man.  The  constitu- 
tional power  of  the  state  was  the  Vigilance  Commit- 
tee. This  power  was  not  at  the  command  of  Mr 
Johnson.  Although  the  president  might  have  in  his 
discretion  the  moral  power,  Mr  Gushing  did  not  think 
there  existed  sufficient  legal  excuse  for  him  to  grant 
the  governor's  request. 

Atfairs,  indeed,  were  in  a  singular  condition  w^hen  a 
governor  of  a  state  applies  for  military  aid  to  be  used 
agiiinst  a  majority  of  the  people  who  elected  him. 

The  president  appeared  in  no  way  excited  over  tho 
cojidition  of  things.  When  asked  by  Senator  Toombs 

at  course  he  intended  to  pursue  in  reference  to  tho 


w 


re(|uisition  of  the  governor  of  California,  he  replied 
that  he  should  take  no  action  at  present,  that  the 
legislature  must  first  convene,  and  if  they  refused  to 
act  it  would  be  the  duty  of  tho  federal  government  to 
interfere.  Furthermore,  letters  from  responsible  per- 
sons in  California  assured  him  that  existing  troubles 
would  probably  be  all  settled  within  thirty  days. 

It  will  be  seen  by  the  perusal  of  these  documents 
that  the  president  wished  just  then  to  evade  the  i'Ssuc ; 
that  he  regarded  or  affected  to  regard  the  application 
as  not  in  proper  form,  as  it  should  have  come  through 
the  legislature.  He  declines  to  interfere  at  this  junc- 
ture, except  to  protect  the  men  and  property  of  tho 
United  States.  With  all  his  omissions  and  misrepre- 
sentations the  case  does  not  seem  sufficiently  strong  to 
warrant  the  general  government  in  interfering. 

The  attitude  assumed  by  the  president  and  his 
l>arty  forcibly  illustrates  the  unrighteous  workings  of 
the  governmental  system  of  this  greatest  of  repub- 
lics.    Pierce  and  his  administration  were  opposed  to 


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23  WIST  MAtN  STREET 

WEBSTER, NY.  i^iSO 

(716)  872-4503 


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ioi 


THE  GOVERNOR  INVOKES  FEDERAL  AID. 


I,;; 


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the  action  of  the  Vigilance  Committee,and  I  believe 
would  have  directed  Wool  to  blow  up  the  Sacranieiito- 
street  building  but  for  the  fact  that  just  then  pajtits 
at  Washington  were  organizing  for  a  presidential 
campaign,  and  to  suppress  an  insurrection  at  tliat 
time  would  have  been  impolitic.  It  was  well  for  San 
Francisco  at  the  moment,  that  the  president  of  tlie 
United  States  was,  as  are  nearly  all  politicians,  more 
firmly  wedded  to  party  than  to  principle;  but  bhisli, 
oh!  Americans,  for  your  rulers,  and  seek  not  among 
them  those  who  like  this  same  much  vilified  Com- 
mittee of  Vigilance  unselfishly  offer  their  lives,  their 
property,  their  honor  a  sacrifice  to  the  moral  integrity 
of  their  city!  When  shall  we  have  honest  rulers, 
men  who  enter  oflfice  not  for  purely  selfish  purposes, 
and  who  will  not  serve  in  office  for  their  own  advance- 
ment only  and  irrespective  of  the  public  good  (  So 
President  Pierce  hides  his  head  under  a  transparent 
subterfuge  and  says  he  cannot  suppress  insurreetion 
unless  application  for  federal  interference  be  niaile 
through  the  state  legislature. 

"  One  thing  is  certain,"  argues  an  able  law  and 
order  writer  upon  the  present  attitude  of  affairs, 
"the  acts  of  the  Vigilancf  Committee  whether  riglit 
or  wrong  on  moral  grounds  can  never  be  legitimatized 
except  by  successful  revolution;  and  by  a  constitu- 
tional necessity  such  revolution  can  be  effected  only 
by  the  overthrow  of  the  state  government,  and  a  vie- 
tory  achieved  on  land  over  the  power  of  the  whole 
nation.  That  power  has  already  been  invoked. 
That  a  casua  fcederis  is  presented  by  the  papers  that 
have  gone  forward,  there  can  be  no  reasonable  doubt, 
and  what  the  action  of  the  general  government  will 
be  in  view  of  its  own  precedents,  can  hardly  be  a 
matter  of  serious  question.  There  arc  in  fact  l»nt 
two  courses;  one  is  revolution  terminating  in  a  Pa- 
cific empire  or  in  subjugation  and  its  incidents.  The 
other  is  for  the  Vigilance  Committee  to  stop  exactly 
where  they  now  are  and  bide  the  consequences  of  all 


m- 


DILEMMAS. 


365 


that  is  passed,  trusting  to  the  general  judgment  for  im- 
iiuiiiity  from  that  legal  responsibility  which  they  think 
they  have  the  right  to  claim.  The  consequences 
adverted  to  are  less  formidable  to-day  tlian  they 
will  be  to-morrow,  and  to-morrow  they  will  be  less 
portentous  than  the  day  after.  So  far  chastisement 
lias  been  visited  on  tliose  only  who  were  guilty  of 
oriiue  known  as  such  to  the  law  of  the  land,  and 
therefore  every  sentence  that  has  been  pronounced 
hiis  been  ratified  by  the  verdict  of  the  people." 

This  specious  line  of  argument  may  be  answered  in 
a  word.  The  Vigilance  Committee  did  not  seek  to 
leiritiiiiatize  their  proceedings,  did  not  care  whether 
tlu;  fruit  of  their  action  was  called  lawful  or  bastard. 
lj(»ni  of  necessity,  though  out  of  the  legal  forms  of 
wedlock,  the  purpose  was  as  pure  as  was  the  virgin's 
conception,  and  the  offspring  of  their  acts  as  holy  as 
was  her  child.  As  to  the  impossibility  of  any  other 
solution  of  the  dilemma  than  one  of  the  two  men- 
tioned, I  have  only  to  point  to  the  sequel.  A 
.straigiitforward  honorable  path,  leading  to  the  grand- 
est and  most  satisfactory  results,  was  found  and  un- 
wavcringl}^  pursued  by  the  executive  committee,  and 
it  was  neither  of  the  inevitable  paths  prescribed  by 
the  law  and  order  faction. 

Says  the  Nevada  Journal  of  the  27th  of  June  on 
the  situation: 

"  Upon  the  requisition  of  the  governor  of  a  state  the  president  is  bouml 
to  liiiiig  the  force  of  the  nation  to  suppress  a  revolt  against  the  legal  state 
aiitluirities.  Living  as  we  do  far  removed  from  the  power  of  tlie  Union,  it 
cannot  lie  directed  against  us  till  the  people  have  (|uite  thoroughly  purged 
tlii'iiisflvc's  of  the  unwholesome  causes  of  tiie  complaint,  and  restored  health 
fur  till'  present  and  some  time  in  the  future. 

"  J >y  proclamation  a  state  of  civil  war  act\ially  exists.  Tiio  people  are 
oppiisfd  l)y  authorities  they  have  once  delegated  witii  power  fur  a  certain 
IciiL'tli  of  time  wliich  has  not  yet  expired.  Ihit  the  gm'ernor  and  his  adher- 
ents can  claim  nothing  but  the  shadow  of  force.  Tlie  constitution  may  ho 
a|i|H  idi'd  to,  but  it  furnislies  them  with  neither  men,  arms,  nor  money.  Tliu 
riconls  of  tlie  last  gubernatorial  canvass  may  be  shown,  tiio  eoiiimission  of 
tlie  executive,  his  inaugural,  and  the  recorded  history  of  his  many  vetoes, 
proofs  conclusive  of  the  higlicst  autliority,  but  they  avail  nothing  against  tho 
bo\cicign  will  of  the  people  at  this  moment.     Tho  delegated  voice  of  tlto 


Mf 


366 


THE  GOVERNOR  INVOKES  FEDERAL  AID. 


state,  so  far  as  San  Francisco  is  concerned,  has  been  revoked  for  a  time.  A 
large  proportion  of  the  available  anns  in  the  country,  except  those  bclongiin' 
to  the  general  government,  are  in  the  hands  of  the  people.  In  point  of  imm- 
bers  and  munitions  of  war,  the  governor  is  powerless  compared  with  the  Vig. 
ilance  Committee  and  their  supporters.  He  cannot  do  much  damage  if  lie 
would. 

"  Under  such  ciicumstances,  knowing  that  the  sole  design  of  the  people 
of  San  Francisco  is  to  obtain  their  rights  as  citizuns  and  secure  them  for  the 
future,  without  a  desire  to  subvert  the  civil  authority  of  the  state,  only  so 
far  as  necessary  for  immediate  self-protection,  it  is  not  difficult  to  see  what 
the  result  of  the  afTair  at  San  Francisco  will  finally  be.  The  president  oim 
move  no  number  of  men  or  arms  sufficient  to  put  down  the  people  of  thia 
state  in  a  shorter  period  than  three  months,  and  long  ere  that  time  will  hiive 
expired  peace  and  quietness  will  once  more  reign  among  us.  The  rascals 
who  liave  so  long  contaminated  the  fountain  of  justice  will  have  been  extir- 
pated, and  nothing  will  be  left  deserving  the  sword  and  bayonet  when  the 
United  States  troops  arrive,  should  they  arrive  at  all,  which  is  extremely 
problematical. 

"With  the  restoration  of  civil  authority  a  new  era  in  the  history  of  our 
state,  young  in  years  but  old  in  vice,  may  be  reckoned  to  commence.  That 
standard  of  virtue  known  in  older  communities  we  hope  will  be  emulated 
hereafter  among  our  people.  The  ruffianism  which  has  characterized  tiio 
state,  giving  it  the  reputation  of  being  the  hell  of  the  world,  will  we  trust  be 
known  no  longer.  Give  California  but  a  fair  and  spotless  name  to  which  the 
best  efforts  of  San  Franciscans  are  fearlessly  devoted,  and  with  her  milil  cli- 
mate, unbounded  and  undeveloped  wealth,  and  her  ample  fields  for  the  display 
of  energy  and  enterprise,  immigrants  will  pour  in  upon  the  coast,  making  the 
western  arm  of  the  republic  powerful  and  its  people  prosperous  and  happy. 
We  trust  that  the  eflfect  of  the  Vigilance  Committee  will  end  in  so  great  and 
desirable  a  blessing." 

How  much  better,  how  much  wiser  it  would  have 
been  for  lawyers  and  officials,  so  far  as  their  duties  of 
office  would  permit  them,  and  the  incendiary,  denun- 
ciatory gubernatorial  and  military  law  and  order  ele- 
ment, to  have  heartily  seconded  the  people  in  their 
effort  to  crush  the  viper  villainy  1  Then  the  work 
would  have  been  short,  the  result  decisive,  and  both 
the  political  and  business  parties  would  have  soon 
settled  back  into  their  former  routine.  Sheriffs  and 
police  officers  might  have  hunted  criminals  side  l»y 
side  with  the  people,  and  on  catching  them,  if  the  lat- 
ter wished  to  do  the  dirty  work  of  hanging,  and  their 
numbers  were  such  as  to-  overpower  the  officials,  ho 
that  they  were  not  made  responsible  for  the  conse- 


MR  NUCJENT  AGAIX. 


3G7 


bulo 


qucnces,  of  what  had  they  to  complain?  Neither 
governor  nor  jiuli^es  need  have  formally  sanctioned  the 
illoL,';d  acts  of  the  Vigilance  Committee,  but  as  long 
as  tiiey  perceived  that  this  was  an  organization  of 
pure  elements,  sustained  by  a  large  majority  of  the 
people,  and  doing  in  a  most  cool  and  orderly  way  a 
iiKist  necessary  work,  would  it  not  have  been  wise  in 
tlieiii  to  have  reined  in  their  hot  tempers,  smothered 
their  personal  pride,  and  let  the  people  alone  for  a 
time.  True,  it  would  not  have  been  easy  for  men  so 
constituted,  so  educated,  so  filled  with  the  chivalrous 
idea,  to  do.  But  it  would  have  been  patriotic,  it  would 
liave  partaken  of  the  highest,  holiest  patriotism;  for 
true  patriotism  consists  not  in  the  advancement  of  self, 
but  of  the  elevation  and  ennobling  of  one's  country. 
The  denunciatory  policy  adopted  by  law  and  order 
A\ liters  and  orators  when  logical  argumentation  failed 
them  was  most  damaging  to  their  cause.  Vitupera- 
tion never  makes  converts.  Invective  is  the  last  re- 
soit  of  weak  dialectics.  Compare  the  famous  incendiaiy 
Suci'amcnto  speech  of  General  Howard  and  tlio  fol- 
lowing not  unfair  specimen  of  the  Herald's  editorials 
with  the  calm,  dignified,  and  logical  address  of  the 
executive  committee  to  the  people,  of  the  9th  of  June. 
If  the  weakness  of  argument  be  in  accordance  with 
the  intensity  of  abuse,  then  the  lawless  law  men  were 
truly  in  a  bad  way : 

"  Wliat  the  old  prophets  and  perfectionists  desired  long  but  died  without 
tlie  sight,"  writes  Mr  Nugent  tlio  7th  of  July,  "it  was  to  l)e  the  reward  and 
Ihi'lIciiis  boon  of  these  latter-day  saints  of  tiie  Vigihince  Committee  and  its 
atiiliiitoa  to  beliold.  We  were  assured,  as  were  tlic  South  Carolinians  of  1832, 
that  the  means  to  effect  all  this  were  simple,  cheap,  easy,  and  expeditious ; 
t!iat  no  harm  could  come  of  it;  that  it  was  a  movement  of  the  people,  for  the 
litiiclit  of  the  people,  sanctioned  and  ajiplauded  by  the  people;  tliat  those 
assnmiiij,'  this  absolute  power  and  despotic  dominion  over  the  laws,  and  over 
the  Hve.s,  property,  and  liberty  of  tiie  citizens,  without — so  tender  was  their 
rt';,'ard  fur  the  people — even  puttiug  the  dear  people  to  the  trouble  of  meeting, 
or  acting  or  expressing  in  any  intelligible  or  autiiciitie  shape  tlieir  wisiies; 
tliat  these  directors  and  autocrats  were  good  men  and  pure,  and  noble  and  in- 
firruptiblc ;  indeed  all  tlie  laudatory  ailjectives  of  the  language  were  exliaxisted 
in  thtir  praise.  True,  no  one  knew  even  tlieir  names,  except  by  vague  gucsa 
uud  siunnise;  true,  no  one  knew  anything  of  their  antecedents;  true,  no  ou6 


-ii  , 


868 


THE  GOVERNOR  INVOKES  FEDER.\L  AID. 


had  or  could  have  any  assurance  from  anything  they  had  ever  done,  that  men, 
unknown  even  in  their  own  city,  suddenly  were  inspired  with  all  statisman- 
lilie  and  patriotic  qualities.  What  of  that?  Were  they  not  'our  best,  ]iiireat, 
most  respectable,  and  wealtliiest  citizens'?  But  in  what  they  had  ever  sliowu 
a  peculiar  purity,  or  how  it  follows  that  wealth  in  California  is  irrufni^-ablo 
proof  of  virtue  and  respectability,  we  were  not  informed.  With  an  aniialjle 
credulity,  we  took  all  that  in  trust.  It  was  true  that  in  this  great  itt'unii 
movement  members  were  enlisted  whose  very  names  were  synonymous  \vitli 
everything  that  was  odious  and  disgusting  in  fraud  and  crime.  Ikuikira, 
whose  spoil  had  been  the  hard-earned  bread  of  the  mechanic  and  tlie  luinur, 
the  washerwoman  and  the  daily  laborer ;  who  had  held  out  fraudulent  assuf- 
anccs  to  the  widow  and  the  orphan,  to  the  aged  and  infirm,  and  to  tin;  sick 
and  disabled,  to  deposit  the  scanty  provision  which  might  support  poverty  in 
its  night  of  want,  or  protect  age  in  its  feebleness  and  decrepitude.  Merchants, 
whose  raging  lust  for  gold,  as  hot  as  Pizarro's  and  his  crew,  hazarded  the  lives 
of  their  fellow-citizens  through  the  slow  process  of  famine,  by  illegally  fore- 
stalling the  market  and  raising  the  price  of  tlie  necessaries  of  life  to  uiiheanl 
of  rates;  and  even  then,  if  the  tale  may  be  believed,  selling  deteriorated  and 
adulterated  articles  for  sound  and  wholesome  provisions !  And  of  that  long 
series  of  mercantile  crimes,  of  fraudulent  invoices,  of  smuggling,  of  false  ac- 
counts and  settlements  of  consignees,  of  fraudulent  bankruptcies,  of  all  the 
long  list  of  crimen  falsi,  forgeries  and  breaches  of  trust  included;  of  the  lung, 
lilaek  catalogue  which  has  made  San  Francisco,  more  than  ite  crimes  of  \  iu- 
lenee,  a  scolhng  and  a  byword,  not  only  throughout  tlie  state,  but  through- 
out the  world — how  many  representatives  were  not  found  in  connection  or 
sympathizing  with  this  Vigilance  Committer.?  And  yet  this  ]itir  exaHciin'. 
mercantile  diet  can  find  no  time  and  no  subjects  for  the  jninishnieut  ami 
exposure  of  mercantile  crimes !  Ah,  no,  not  they !  Cheating,  swimlling, 
fraud,  perjury,  forgery,  embezzlement,  smuggling,  beggary  of  thousands  df 
poor  mechanics  and  laborers  and  widows  are  nothing;  provided  always  that 
they  are  done  in  a  commercial  way  and  not  in  a  political  M-ay ;  but  the  man 
who  shoots  or  stabs  or  stuffs  a  ballot-box  nmst  exclusively  be  the  victim  o( 
punishment  by  these  merchant  princes." 

Ay,  there  was  the  rub!  It  was  most  humihatiiig, 
most  galUiig  to  lofty- mindotl  men  of  learning  and 
chivalry,  to  fire-eating  men  of  law  and  bowie-knives, 
whose  patriotism  was  merchandise,  to  see  these  men 
of  merchandise  display  that  true  self-sacriiicing  ])atri- 
otism  which  in  themselves  existed  only  in  name.  What 
was  Johnson's  patriotism?  Pride  of  position;  petty 
tyranny;  wounded  self-love.  What  was  McGowaii'8})a- 
triotism?  Self-gloritication  ;  ])ompous  display;  bloud- 
and-thunder  greatness.  What  was  Casey's  patriotism  ( 
Partisan  jealousy;  malignant  passion;  blood-thirsty 
revenge.     W  hat  was  Nugent's  patriotism  ?    Sectional 


PATRIOTISM  OF  POLITICIANS. 


369 


11 


su|)(>rr'ilifmsncss;  vindictive  regrets  in  having  embarked 
ill  ;i  wrong  course  which  would  be  more  ruinous  now 
to  K  a\  o  than  to  continue.  Descending  to  lesser  official 
millions,  lawyers,  judges,  sherift's,  political  sccne- 
sliif'toi's  and  wire-pullers,  and  the  myriads  of  legal 
leeclicH  that  prey  upon  the  people,  we  find  patriotism 
a  l»yword,  a  byword  loudly  mouthed,  while  their 
hearts  are  hollow  and  their  voices  brassy.  With  them 
patriotism  is  political  pap;  a  house  to  live  in;  bread 
aiul  whiskey  money.  Compare  such  patriotism,  in 
all  candor  compare  it  with  the  patriotism  of  Cole- 
man, of  Dempster,  of  Truett,  and  all  the  others  of 
that  volunteer  army  of  eight  thousand  and  more  de- 
voted men,  who  staked  their  lives  and  fortunes  for 
the  vindication  of  social  morality  and  good  citizen- 
ship. Was  it  glory  they  sought?  No.  They  acted  un- 
Hieii,  unknown;  their  deeds  were  untrumpeted ;  their 
identity  they  sunk  in  their  cause ;  their  names  even 
wore  converted  into  numerals.  Was  it  the  lust  of 
power  that  called  them  into  action?  No.  For  they 
were  already  the  sovereign  power,  and  had  they  longed 
for  otlice  there  were  the  regular  and  easier  channels 
open  to  them.  Was  it  position,  occupation,  money? 
No.  Already  they  held  positions  esteemed  by  them 
as  much  higher  than  those  of  legislator  and  governor, 
as  these  latter  esteemed  theirs  above  those  of  mer- 
chant and  mechanic.  And  as  for  occupation  and 
moiKv,  they  neglected  better  occupations  than  the 
state  could  offer  them,  and  their  own  money  they 
poured  out  like  water,  simply  for  the  sake  of  serving; 
and  with  their  gold  they  were  ready  to  pour  out  their 
lives.  I  find  that  nothing  but  pure  patriotism  actu- 
ated tlieni;  but  seek  not  such  as  this  in  elections, 
in  hgislative  halls,  in  the  jumping-jack  gyrations 
of  ])olitical  mountebanks,  or  in  the  bladder-blown 
prin(ii)les  of  party  or  polity.  Patriotism  lies  in  the 
heaits  of  the  people,  not  upon  the  slippery  tongues  of 
politicians. 

Por.  Tbib.,  Vol.  II.   24 


ti 


1*! 


CHAPTER  XXI. 

ARREST  OF  TERRY,  JUDGE  OF  THE  SUPREME  COURT. 

Lo!  with  crooked  judgments  nina  th'avenger  stern 
Of  oaths  forsworn,  and  eke  the  murmuring  voice 
Of  Justice  rudely  dragged,  wliere  base  men  lead 
Thro'  greed  of  gain,  and  olden  rights  misjudge 
With  verdict  perverse.     She  with  mist  enwrapt 
Follows,  lamenting  homes  and  haunts  of  men. 
To  deal  out  ills  to  such  as  drive  her  forth. 
By  custom  of  WTong  judgment,  from  her  scats. 

llcsiod. 

We  enter  now  upon  scenes  yet  more  startlinj^,  where 
the  Executive  assume  doubtful  powers,  and  where  tho 
people  in  organized  bands  display  a  skill  and  a  cour- 
aofo  which  overshadow  even  the  achievement  at  the 
Broadway  jail  on  the  quiet  Sunday  preceding  King's 
death.  "On  the  21st,"  says  Mr  Coleman,  "we  luiil 
precipitated  upon  us  the  most-  unexpected  and  the 
severest  task  which  fell  to  our  lot  during  the  year." 

It  was  a  circumstance  deeply  to  be  regretted,  re- 
garded indeed  by  the  Committee  as  a  calamity,  that 
a  judge  of  tho  supreme  bench  should  leave  his  duties 
and  his  seat  at  Sacramento,  come  to  San  Francisco, 
and  go  about  the  streets  openly  and  violently  de- 
nouncing the  Committee  and  its  sympathizers,  using 
all  his  influence  among  his  hot-headed  friends  to  [)re- 
cipitate  a  collision  between  peace-loving  citizens. 

The  fact  is  there  were  certain  of  these  bloody- 
minded  individuals  who  were  determined  the  Com- 
mittee should  not  retire  without  a  fight.  Their  auger 
was  flaming  for  a  fray.  "The  secret  of  the  greater 
part  of  the  opposition  .to  the  Vigilance  Committee, " 
says  Mr  Dempster,  "was  the  bitter  feeling  on  the  part 

(370) 


nil;*:  kill 


CAPTAIN  JAMES  HUTTON. 


87J 


of  the  pro-slavery  party,  which  had  long  controlled 
the  state,  and  which,  unable  to  manipulate  the  Vi(,n- 
lanec  Committee,  looked  with  dread  to  its  ])eaceable 
(lishandment,  as  in  that  case  its  leaders  would  remain 
tlic  luture  leaders  of  the  people." 

It  was  to  make  of  the  Pacific  States  a  slave  empire 
that  the  chiefs  of  that  party  had  proposed  dismember- 
ment from  the  federal  union,  even  while  begging  tho 
aid  of  the  federal  authority  against  the  only  true 
i'fderal  supporters.  Others  sought  to  commit  the  vigi- 
laiKC  party  to  a  revolutionary  policy,  to  that  end 
writing  articles  for  the  public  press  which  professed 
to  embody  the  views  of  the  Committee  in  regard  to  a 
cliange  in  state  government.  The  law  party,  now  well 
organized,  strong  in  its  compactness,  and  murderously 
ck'torniined,  could  not  endure  the  thought  of  disband- 
mcnt  until  the  Committee  had  perpetrated  some  act 
destructive  of  its  influence.  The  influence  which 
would  flow  from  a  series  of  attempts  so  remarkal)ly 
free  from  failure  was  to  be  dreaded. 

As  we  have  seen,  rumors  were  rife  inimical  both  to 
the  Committee's  peaceful  continuance  and  peaceful  re- 
tirement. The  law  party  were  hedging  them  rountl 
at  home,  and  invoking  federal  thunderbolts  from  the 
other  side  of  the  continent.  There  was  but  one  thing 
for  the  Committee  to  do,  which  was  to  intercept  the 
arms  said  to  be  the  state's  quota,  obtained  surrepti- 
tiously and  shipped  from  Benicia  by  Governor  John- 
sou  to  General  Howard  at  San  Francisco.  The 
enemy  must  be  met  on  his  own  ground;  and  this  they 
iuunediately  set  about  doing. 

"  I  have  cori-ect  information,"  writes  James  Ilutton 
of  the  schooner  Blanca  to  the  Executive  on  Friday 
the  20th  of  June,  "where  the  muskets  are  that  the 
law  and  order  party  have  stolen,  and  will  volunteer 
to  go  in  my  schooner  and  try  to  bring  the  same  to  the 
Connnittee  of  Vigilance  rooms."  Captain  Huttou 
was  permitted  to  go  with  tlie  Executive's  benediction; 
and  the  director  of  police  was  ordered  to  detach  men 


■'Wl 


i-'lti 

it*' I 


■i 


372 


ARREST  OF  JUDGE  TERRY. 


sufficient  to  seize  the  arms  and  bring  them  to  lic.'ul- 
quarters.  They  were  found  on  board  a  schooiar 
loaded  with  bricks,  which  was  noaring  the  whaif. 
Captain  Hutton  ran  alongside  of  her;  the  vigilants 
jumped  on  board,  and  without  saying  a  word  tuiiitd 
up  a  few  layers  of  bricks  and  came  upon  twelve  ciises 
of  rifles  and  six  cases  of  ammunition,  which  were 
taken  without  ceremony. 

The  thanks  of  the  Executive  were  tendered  Caj)tain 
Hutton  with  permission  to  embark  in  other  adven- 
tures, but  in  those  he  was  anticipated  by  others  of 
the  Committee  eager  for  honors.  The  next  day  after 
Captain  Mutton's  success  a  detachment  of  twenty- 
two  vigilants  was  sent  by  the  Committee  to  intercej)t 
certain  arms  and  munitions  of  war  on  their  way  to 
the  city  from  Corte  Madera,  said  to  have  been  sent 
from  Sacramento  to  the  state-prison,  there  to  be 
cleaned  and  put  in  order  for  the  law  party.  The 
vigilants  embarked  in  the  sloop  Malvintt  and  proceeded 
to  Corte  Madera,  where  thev  overhauled  the  schooner 
Mariposa.  Running  the  sloop  alongside,  the  vigil- 
ants, whose  cocked  pistols  kept  the  crew  quiet,  leajied 
on  board,  and  on  lifting  the  hatches  found  eleven  cases 
of  muskets  and  three  boxes  of  pistols.  Sam  Bantam 
and  the  Benicia  Boy,  two  notorious  characters,  were 
on  board,  but  in  view  of  the  circumstances  they  had 
little  to  say.  In  less  than  ten  minutes  from  the  time 
the  Malvina  grappled  the  Mariposa,  the  weapons  were 
transferred  from  the  schooner  to  the  sloop,  the  Mari- 
posa was  cast  loose,  and  the  Malvina  was  on  her  way 
to  San  Francisco.  About  five  o'clock  the  party  landed 
at  Clay  street,  where  they  were  met  by  a  large  body 
of  vigilant  infantry  who  escorted  them  and  their 
capture  in  triumph  to  the  Committee  rooms. 

The  information  of  this  shipment  of  arms  was  con- 
veyed to  the  Committee  in  the  following  letter: 

••Vallejo,  June  20,  1856. 
"Oentkmen  of  tlie  Vijilance  Committee: — 

"I  have  just  received  some  information  which  I  deem  it  my  duty  to 
communicate  to  you  by  the  Napa  boat,  which  will  be  along  in  a  few  minutes. 


If 


MR  AVETMORE'S  NOTICE. 


373 


A  liiiiit  or  ship's  launch  arrived  here  last  night  or  early  tliis  morning,  with  arms 
(111  IhuiiiI,  supposed  to  have  been  taken  from  lienicia,  either  procured  from  the 
frioiiils  of  the  law  and  order  party,  or  stolen  from  the  United  States  arsenal 
tlieit' ;  as  they  express  a  fear  that  Gen.  Wool  will  get  wind  of  it  the  latter  is 
iiiiiti'  jirobablc.  They  have  also  some  state-prison  convicts  on  board,  and  sfaite 
tliiir  intention  of  going  to  Corte  Madera  to  get  the  aims  cleaned  l»y  tlie  con- 
victs, and  it  is  infeiTed  they  will  take  the  arms  from  tliere  to  the  law  and 
oilier  piirty  in  San  Francisco.  One  of  the  party  is  a  notorious  fellow,  known 
us  till'  (igliting  \wy  of  Benicia;  a  large,  tall  man  by  the  name  of  Heenan. 

"Tlie  information  was  obtained  from  them  when  they  came  ashore  to  get 
tliuirlireakfast  this  morning  at  the  Washington  Hotel,  the  proprietor  of  which 
is  ill  k'.'igne  with  the  law  and  order  party.  They  were  somewhat  comnmnica- 
tivi',  not  knowing  that  any  but  tlieir  friends  were  present.  Two  men  em- 
jildyt-d  at  the  hotel  gave  the  information,  and  although  it  is  somewhat  vague, 
ytt  tliiTc  is  every  reason  to  believe  that  there  is  something  wrong  going  on. 
Mr  Jlicliardson,  the  stage-driver,  has  just  gone  or  is  about  to  go  to  Benicia 
to  iiifonu  Gen.  Wool  of  the  facts.  As  the  tide  will  not  turn  for  three  hours 
tlii'v  cannot  leave  for  that  time.  If  a  steamer  coulil  be  had  on  the  arrival  of 
tliis,  they  might  be  overhauled  in  the  bay  before  reaching  the  state-prison. 
T!ie  vessel  is  a  sloop,  her  imme  I  have  not  learned,  and  there  is  not  time  to 
gain  more  particulars  before  the  boat  leaves. 

"  Yours,  resiHjctfully,  C.  E.  \YETyiouE,  Merchant. 

"  1'.  S. — I  refer  to  J.  H.  Coghill  &  Co.  I  gave  the  infoimation  in  regard 
toCusick." 

Again  on  this  same  eventful  Friday  information 
caiiie  to  Marshal  Doane  that  certain  arms,  the  prop- 
t'lty  of  the  state  of  California,  directed  to  J.  Neely 
Johnson,  Sacramento,  were  known  to  be  on  board  the 
schooner  Julia,  then  on  her  way  from  the  Sacramento 
Kiver  to  San  Francisco.  The  grand  marshal  gave 
iiiiiiiediate  notice  to  the  Executive,  who  authorized 
liiiu  to  take  such  steps  for  their  capture  as  lie  should 
(luem  expedient.  This  adventure  was  pregnant  with 
uiomentous  results. 

Calling  to  him  the  chief  of  the  water  police,  the 
grand  marshal  said : 

"  Have  you  a  small  vessel  ready  for  immediate  ser- 
vice?" 

"  Yes;  a  sloop  at  the  foot  of  this  street." 

"  Be  ready  to  sail  in  half  an  hour." 

The  marshal  then  summoned  John  L.  Durkee,  and 
gave  instructions. 

"  Detail  twelve  men  for  special  duty."    Within  ten 


m 


ARREST  OF  JUDGE  TERRY. 


¥> 


minutoa  Durkco  announced  himself  ready.  "At  the 
Inot  of  this  street,"  said  JJoane,  "you  will  find  a  small 
sloop  manned  and  awaiting  your  order.  Take  it  and 
diligently  cruise  the  bay  toward  its  northern  end  tor  a 
visscl  supposed  to  have  arms  on  board  intended  lor 
the  enemy;  when  found,  board  her,  and  bring  to  those 
rooms  such  munitions  of  war  as  you  may  find." 

When  James  King  of  William  was  shot,  John  L. 
Durkec  was  a  member  of  the  city  police.  About  two 
M  eelvs  after,  he  resigned  his  position  and  jcjincd  tlie 
vigilant  |)olicc.  The  lOth  of  August  he  was  a})ji()iiitcil 
dej)uty  director  of  j)olice  at  a  salary  of  tweuty-tivu 
tlollars  a  week.  Mr  Durkec  was  one  of  the  most 
faithful  and  efficient  officers  on  the  roll  of  the  Com- 
mittee. He  was  extremely  quick  at  comprehension, 
and  steady  of  execution.  In  a  remarkable  degree  hu 
possessed  the  faculty  of  success;  whatover  he  under- 
took, if  it  was  within  the  bound  of  the  possibilities,  ho 
accomplished.  Some  time  after  the  disbandment  of 
the  Committee  he  was  made  fire  marshal  of  the  city 
of  San  Francisco;  and  under  his  thorough  and  skillful 
management  the  service  has  been  brought  to  a  pro- 
ficiency second  to  none  in  America.  The  great  re- 
sponsibility resting  on  him,  and  the  high  character  he 
has  ever  sustained,  he  is  wholly  v^orthy  of.  Of  his 
promptness  in  answering  the  call  of  duty,  of  his  cool- 
ness and  efficiency  in  times  of  danger,  no  less  than  of 
his  high  integrity  and  modesty  of  demeanor,  I  can 
bear  grateful  testimony ;  but  for  his  skill  and  courago 
in  extinguishing  a  dangerous  fire  which  threateneil  my 
Library  I  should  not  now  be  writing  his  history. 

It  was  thought  by  some  that  the  plan  of  sending 
into  the  bay  vessels  having  a  few  muskets  on  board, 
and  then  accidentally,  as  it  were,  conveying  notice  of 
the  fact  to  the  vigilants,  originated  with  the  men 
of  law,  with  the  object  of  entrapping  the  Committee 
into  a  seizure  which  would  subject  them  to  a  charge 
of  piracy  under  existing  United  States  law,  thereby 
forcing  the  issue  which  they  so  much  longed  for  bo- 


!!.',<; 


!l.jilli 


SEizunn  OF  arms. 


tw.'oii  the  Committee  and  tlie  general  j^overnment. 
IJiit  of  this  there  was  no  proof;  and  if  sucli  was  tlie 
cast'  it  did  not  frighten  the  Committee  from  the  risk. 

Diirkee  innnediatcly  set  sail,  taking  with  him 
Charles  E.  Kand  as  his  lieutenant.  It  was  now 
thawing  toward  dusk,  Friday  evening.  Cruising 
iiortliward  Durkeo  came  to  anclior  in  San  Pablo 
Bay,  wind  and  tide  being  against  him.  Presently  ho 
ai^ain  set  sail  and  overhauled  several  vessels,  but 
found  nothing  answering  the  description  of  the  (^nc 
th( y  sought.  The  search  was  kept  up  until  nearly 
iiii(hiight.  In  the  darkness  it  was  with  difficulty  the 
vigilants  could  make  their  way  around  the  shores  and 
i.shmds. 

Finally  through  the  black  mist  Durkee  discovered 
an  object  close  under  Pueblo  Point.  It  was  ;, 
schooner  lying  at  f.  ichor;  there  was  no  light  on 
hoard,  and  she  might  be  deserted  for  any  visiblo 
signs  of  111'  about  her.  Creeping  noiseh'ssly  uj), 
Durkee  and  his  companions  made  fast  to  the  dismal 
craft  and  silently  boarded  her.  Captain  and  crew 
wore  all  asleep.  Their  late  potations  had  been  more 
than  usually  liberal.  Before  they  w^ero  aware  of  it 
half  the  vigilants  were  in  the  companion-way  trans- 
ferring the  guns  and  sabres  over  to  their  vessel,  while 
the  other  half  with  cocked  pistols  kept  guard  over 
those  on  board.  The  schooner's  name  was  the  Julia. 
The  arms  and  vessel  were  in  charge  of  J.  R.  ISIalonev, 
connnonly  called  Rube  Maloney,  who  had  chartered 
the  craft  for  fifty  dollars  to  carry  the  arms  down. 
With  him  were  John  G.  Philips  and  James  Mc- 
Xabb.  Not  the  slightest  resistance  was  made  to  this 
action  of  the  vigilants,  and  the  arms,  consisting  of  six. 
cases  containing  one  hundred  and  fifty  muskets,  tt)- 
gethcr  with  the  three  men  as  prisoners,  were  taken 
without  delay  to  the  city. 

Arrived  in  the  morning  at  California-street  wharf, 
Durkee  despatched  a  messenger  to  the  gran  ^  marshal, 
reporting   his   success   and   asking  what   disposition 


m 


;ii« 


370 


ARREST  OF  JUDGE  TERRY. 


t 

I 


should  he  made  of  the  prisoners.  Maloncy  and 
Philips  were  notoiioiis  scoundrels.  It  was  clear  tliat 
the  law  party  would  claim  that  they  had  been  sent 
by  order  of  the  governor  to  superintend  the  remoAiil  of 
the  muskets  from  Benieia  to  San  Francisco.  AlUr 
consulting  with  the  Executive,  Doane  sent  word  to 
Durkeo  to  let  the  men  go.  Though  they  were  bud 
enough,  there  was  no  charge  against  them,  and  as 
they  had  relinquished  the  arms  without  opposition, 
the  Committee  had  concluded  to  turn  them  loose. 

^laloney  and  Philips  at  once  reported  to  ilw'w 
party  what  had  befallen  them.  Then  they  wont 
from  one  drinking -saloon  to  another,  reviling  the 
("ommitte,  and  swearing  they  would  shoot  on  .siglit 
various  persons,  with  other  blatant  threats  such  as 
delighted  the  men  of  law  and  order,  now  literally 
panting  for  blood.  Of  these  proceedings  the  Exccu- 
tive  had  due  notice.  It  was  evident  that  these  miglity 
men  needed  a  lesson;  so  at  the  one  o'clock  mectiu^f 
on  Saturday  Mr  Smiley  moved  that  John  G.  Philips 
and  -Tames  Rube  Maloney  be  arrested  immediately, 
whieli  was  ordered  done. 

Selected  for  this  mission  was  a  member  of  the  fiati  r- 
nity  named  Sterling  A.  Hopkins,  a  native  of  Maine, 
but  reared  in  Boston.  He  was  an  artesian  well-boror, 
about  thirty-three  years  of  age,  a  man  of  great  perti- 
nacity, good  at  obeying  orders,  and  afraid  or  ashamed 
of  nothins:.  Since  its  orijanization  he  had  been  an 
efRcicnt  member  of  the  Committee,  and  had  been  sent 
on  many  missions  of  danger  and  importance,  lie 
had  little  delicacy  as  to  the  nature  of  his  work;  lie 
would  as  cheerfully  play  the  sp}''  or  hang  a  criminal 
as  eat  his  supper.  All  he  required  was  a  master 
strong  enough  to  uphold  him. 

It  was  a  small  matter,  the  arrest  of  these  persons, 
although  they  were  desperate  characters;  so  Hopkins 
thought,  as  he  called  to  his  assistance  but  three  or  lonr 
men  and  started  off  in  searrli  of  i\Ialoney.  Palmer, 
Cook,  and  Company's  bank,  corner  of  Washington  and 


HOPKINS'  ADVENTURES. 


377 


Kearny  streets,  was  then  one  of  the  chief  rendezvous 
of  jiolitical  leaders.  Thither  Hopkins  and  his  coni- 
rtuics  proceeded,  and  soon  learned  that  the  person 
they  suu^rht  was  in  the  second  story  of  the  building, 
ill  the  office  of  the  naval  agent,  Richard  P.  Aslie,  a 
T<:N.an  and  an  active  manager  in  the  chivalry  party, 
who  was  now  surrounded  by  boon  companions. 

Stationing  his  men  outside  the  bank,  Hopkins 
stepped  upstairs  and  entered  the  apartment  of  the 
naval  agent  and  approached  Maloney  for  the  purpose 
of  arresting  him,  when  ]Maloney  and  all  present, 
among  whom  were  Judge  Terry,  Dr  Ashe,  and  ]\[i' 
]i0wie,  drew  and  cocked  their  pistols,  and  pointed 
them  at  him.  Hopkins  was  unarmed.  He  did  not 
enter  the  room  for  the  purpose  of  shooting  any  one ; 
neither  did  he  desire  to  be  shot.  Accordingly  ho 
withdrew,  descended  the  stairs,  and  instructing  his 
men  to  keep  a  strict  guard  on  the  building,  he  hastened 
for  assistance. 

It  happened  that  Dr  Beverly  Cole  was  just  then 
riding  by.  Hopkins  borrowed  from  him  his  horse, 
and  giving  it  the  whip  galloped  down  to  the  Com- 
mittee rooms  and  reported  the  situation.  The  cliief 
of  vigilant  police  ordered  hiin  to  return  immediately, 
keep  strict  watch,  and  he  would  send  him  reiJnforce- 
mcnts.  Hastening  back  Hopkins  found  his  foxes  un- 
kennelled. As  he  rode  up,  INIaloney,  Terry,  Ashe, 
McXabb,  Bowie,  and  Mr  Howe,  all  armed  wnth  double- 
l)arrclled  shot-guns,  were  just  turning  the  corner  of  the 
hank  building  from  Washington  street  into  Kearny, 
Hopkins  threw  himself  from  the  horse  and  called  on 
his  men  to  follow.  There  w'ere  but  four  beside  him- 
self, James  Bovee,  D.  W.  Barry,  H.  A.  Bussell,  and 
Joseph  Capprice. 

Up  Kearny  street  went  the  game  and  into  Jackson 
street,  the  hunters  hard  at  their  heels,  IMaloney,  whom 
alone  the  vigilants  were  after,  having  the  lead  with  his 
iiiends  between  him  and  his  pursuers.  Double-bar- 
relled shot-guns  loaded  with  slugs  are  not  wliolly  safe 


378 


AREEST  OF  JUDGE  TERRY. 


'•<: 
!•«' 


1 


in  the  hands  of  passionate  men;  and  it  \vas  not  jiltas- 
ant  to  the  vigilants  whenever  they  approaclicd  too 
near,  that  the  men  of  law  and  order  should  wheel  and 
bring  the  muzzles  of  their  guns  on  a  level  with  tlie 
eyes  of  their  pursuers.  Yet  thus  they  proceeded  up 
Jackson  street  nearly  to  Dupont  street.  Hopkiu.s 
then  attempted  to  rush  past  Terry  and  Ashe,  wlio 
were  in  the  rear,  for  the  purpose  of  seizing  Maloiu  y. 
Terry  presented  his  gun  and  prevented  Hopkins  from 
passing.  Hopkins  grasped  the  gun ;  those  in  front  of 
Terry  turned  to  his  assistance  and  pressed  Hopkins  to 
the  ground. 

At  this  juncture  Ashe  levelled  his  gun  at  Bovec's 
breast  ready  cocked  with  finger  on  trigger.  But  he 
hesitated.  It  was  becoming  dangerous  to  shoot  men 
in  the  streets  of  San  Francisco. 

"  Are  3^ou  a  friend?"  at  length  he  cried. 

"  Yes,"  said  Bovee,  therein,  I  fear,  telling  a  lie. 

He  might  have  been  a  spiritual  friend,  but  corpo- 
really his  action  ill  accorded  with  his  word,  for  imme- 
diately the  answer  was  given  he  struck  Ashe's  guu 
aside,  and  presented  a  revolver  at  his  head. 

"  Don't  shoot!"  cried  Ashe. 

"Drop  your  gun,  then,  if  you  please  1"  replied 
Bovee. 

Still  facing  the  enemy,  Ashe  slowly  retired 
toward  the  armory  of  the  Blues,  a  law  and  order  en- 
campment corner  of  Jackson  and  Dupont  streets, 
whither  it  appears  the  party  were  tending,  and  where 
drilling  was  vigorously  going  on  preparatory  to  anni- 
hilating the  Vigilance  Committee. 

Meanwhile  Howe,  who  had  been  helping  Terry  and 
Ashe  against  Hopkins  and  Bovee,  raised  his  gun  upon 
Barry,  who  just  then  rushed  up.  Barry  seized  the 
muzzle  in  his  left  hand  and  with  his  right  placed  his 
revolver  at  the  head  of  Rowe,  who  thereupon  dropped 
his  gun  and  made  for  the  armory.  The  accidental 
discharge  of  a  pistol,  but  directed  as  Terry  thought 
against  himself,  brought  matters  to  a  crisis.     For  on 


THE  CHIEF-JUSTICE  STABBIXG. 


379 


tlic  instant,  quick  as  a  flash,  Torry  drew  from  its 
sluatli  a  large  bowie-knife  and  plunged  it  into  the  left 
side  of  Hopkins'  neck,  to  the  depth  of  about  six 
iuchos.  Hopkins  staggered  back  and  cried:  "lam 
stal)l )ed !  Take  them,  vigilants  I"  Terry,  Maloney,  and 
tl  II »se  of  the  party  remaining  fled  and  took  refuge  in 
the  armory.  Close  behind  them  were  Bovee  and 
Ijaiiy,  but  the  fugitives  managed  to  gain  admission, 
wlicn  the  iron  doors  were  slammed  shut,  and  barred. 
TIio  two  vio-ilants  then  took  their  station  at  the  en- 
trance  to  prevent  egress  or  ingress  and  thus  waited 
tlu'  arrival  of  assistance. 

Presently  a  pompous,  portly  man  made  his  appcar- 
aiKo  at  the  armory  door  and  demanded  admittance, 
lie  w  as  ordered  to  stand  back. 

"Do  you  know  who  I  am?"  asked  the  pompous, 
portly  man. 

"  1  don't  care  a  damn  who  you  are,"  was  the  plain 
tluiugh  somewhat  profane  leply. 

'•  1  am  ]\Iajor-general  Volney  E.  Howard,"  whis- 
pered the  connnander  of  the  law  and  order  forces. 
"  J)o  you  want  to  see  this  city  laid  in  ashes?" 

"*  You  cannot  enter  here." 

The  pompous,  portly  man  stood  aside,  and  another 
a|)plicant  for  admission  appeared  in  hot  haste  at  the 
door. 

"  I  am  a  lieutenant  in  Calhoun  Benham's  company, 
and  was  sent  here  to  — " 

"  I  am  a  member  of  the  Vigilance  Committee  and 
you  cannot  enter,"  said  Bai-ry. 

"  What !  Have  the  Vigilance  Committee  possession 
of  this  building?" 

"  Yes." 

"  Tlie  lieutenant  turned,  rolled  his  eyes  over  his  left 
shoulder,  and  glided  round  the  corner. 

"  This  came  quickly  to  our  ears,"  says  Coleman, 
"  and  sounded  like  the  explosion  of  a  maga/iiie.  I 
saw  instantly  the  magnitude  of  the  new  labor  and 
the  new  responsibility.     It  was  not  only  to  vindicate 


380 


ARREST  OF  JUDGE  TERRY. 


the  common  law  of  punishment  for  crime,  but  we  liad 
a  law  specially  provided  for  the  protection  of  our 
people,  that  any  violence  done  them  should  receive 
exemplary  punishment.  And  to  feel  that  the  ])re- 
siding  judge  of  the  supreme  court  of  the  state  ]iad 
voluntarily  left  his  home  at  the  capital  and  had  placed 
himself  in  this  most  unfortunate  position  was  an 
utterly  unsatisfactory  and  undesirable  denouement." 

The  vigilance  alarm  now  sounded,  two  or  three 
quick  taps,  rest  and  repeat;  and  orders  were  at  once 
issued  for  Terry's  arrest.  Immediately  the  streets 
were  alive  with  men,  many  of  them  with  their  aims 
full  of  muskets  and  sabres,  hurrying  to  head-quarters. 
Those  who  could  quickly  find  their  companies  took 
their  places;  those  who  could  not  were  ordered  to 
fall  in  anywhere.  Soon  scores  of  vigilant  squads 
w^cro  on  the  streets  marching  or  running  toward  the 
armory  of  the  Blues.  Conspicuous  among  the  vi^il- 
ants  was  the  aijreed  signal  of  the  white  badtje  in  the 
button-hole  of  the  loft  lapel  of  the  coat. 

Merchants  left  their  customers,  clerks  dropped  their 
pens,  and  niochanics  their  tools.  Draymen  spraiiy 
from  their  seats,  stripped  their  horses  of  the  harness, 
all  save  the  bridle,  and  mounting  rode  briskly  away 
to  the  scene  of  action,  leaving  their  loaded  trucks 
standing:  in  the  street. 

Mr  Denjpster  was  in  his  store  at  the  time,  and 
when  one  of  his  clerks  rushed  into  his  office  with  the 
news,  upon  the  instant  he  jumped  into  his  bunuy 
which  was  standing  at  the  door,  and  although  head- 
quarters were  less  than  four  blocks  distant,  and 
although  he  whipped  his  horse  into  a  run,  so  dense 
was  the  crowd  before  he  reached  the  building  that  lie 
was  unable  to  get  within  a  block  of  it,  and  springiiiu;' 
to  the  ground  he  left  horse  and  vehicle  unattended 
and  untied  in  the  middle  of  the  street  and  forced  his 
way  on  foot  as  best  he  could  throusjh  the  dense 
throng  eagerly  hastening  thither;  nor  did  he  sec  his 
horse  again  until  next  day,  when  he  found  it  had 


THE  BLUES'  ARMORY. 


381 


been  Scafely  stabled  by  some  one  unknown  to  him. 
On  entering  the  building  he  found  the  men  hastily, 
but  in  silence  and  without  the  least  confusion,  falling 
into  line. 

"All  right!"  exclaimed  Dempster,  encouragingly. 
"  Keep  cool;  take  your  time  about  it." 

"Ah,  Mr  Dempster,"  was  the   reply;  "we   have 

been  long  and  anxiously  waiting  to  make  the  clean 

t" 
sweep  1 

As  one  of  the  war  committee  Mr  Dempster  then 
hastened  to  the  corner  of  Jackson  and  Dupont  streets. 

Colonel  Olney  was  lame  ?it  the  time.  During  a 
certain  arrest  a  day  or  two  provious,  while  the  police 
were  conveying  the  prisoner  to  the  committee  rooms, 
theie  was  a  great  rush  of  people,  which  it  was  deemed 
advisable  should  not  crowd  so  closely  on  head-quarters 
as  to  jianiper  the  movements  of  the  men.  Olney  was 
or(Kred  to  throw  a  line  of  vigilants  across  Sacramento 
stnet,  just  above  the  corner  of  Front  street,  to  stop 
tlie  rush.  He  did  so;  but  the  multitude  overran  the 
whole  of  them.  The  colonel  was  knocked  down  and 
his  ankle  sprained. 

]  le  was  at  his  boarding-house  on  Stockton  street 
wlien  the  alarm  sounded  next  day,  and  one  of  his  men 
aj)peared  before  him  almost  breathless,  saying  that 
Teiry  had  killed  Hopkins.  Olney 's  foot  was  so  swollen 
that  he  could  not  get  his  boot  on;  but  seizing  one  be- 
longing to  a  large-footed  boarder,  ho  hobbled  down 
stairs  and  out  into  the  street,  where  he  found  himself 
in  a  crowd  of  excited  people. 

Then  what  should  he  do?  He  could  hardly  walk  at 
all;  head-onnrters  were  at  least  half  a  mile  away,  and 
tlie  thougiit  chat  his  absence  might  mar  that  dav's 
donigs  was  unpleasant  to  entertain.  There  was  not  a 
moment  to  lose;  to  get  a  horse  in  that  neighborhood 
was  impossible,  and  he  could  not  walk.  What  was  to 
be  (lone? 

While  thus  speculating,  every  second  seemingly  an 
hour,  his  eyes  fell  on  the  wagon  of  a  kerosene  dealer  who 


882 


ARREST  OP  JUDGE  TERRY. 


I 


had  driven  up  and  stepped  to  the  sidewalk  just  as  tlie 
alarm  sounded.    In  a  moment  Olney  was  in  the  driver's 
seat,  and  with  reins  and  whip  in  hand  was  lashing  the 
horse  like  a  fury,  toward  the  Committee  rooms.     The 
driver  had  barely  time  to  scramble  up  beside  him  as 
the  horse  sprang  forward,  scattering  the  affrighted 
people  to  either  side.    One  glance  into  the  sternly  set 
features  of  Olney 's  face  satisfied  the  driver  that  ex- 
postulation would  be  in  vain.     Away  they  rattle<l 
down  the  street;  the  colonel  whipped  and  the  kero- 
sene   flew.     The    empty    cans    danced    out   of   the 
vehicle,  and  the  full  ones  overturned  and  scattered 
their  contents  upon  the  cobble-stones.    Presently  the 
dealer  mustered  courai^e  and  said: 
"You  are  spilling  all  my  kerosene." 
"Damn  your  kerosene,"  was  the  reply.     Then  re- 
membering that  this  poor  pedler  should  not  be  made 
to  suffer  for  the  daring  deeds  of  chivalry,  the  colonel 
added,  "I  will  pay  you  for  your  kerosene." 

Arrived  at  head-quarters  the  colonel  called  for  liis 
horse,  a  magnificent  white  steed,  and  was  lifted  to  its 
back.  The  horse  alone  was  worth  a  hundred  men  that 
day.  No  sooner  was  he  mounted  than  round  him  rail ie(  I 
the  Citizens'  Guard,  the  pride  of  the  committee,  aiitl 
within  twenty  minutes  they  were  off  for  the  armory 
of  the  Blues. 

The  marshal  with  a  large  force  promptly  occupie  1 
all  the  streets  in  the  vicinity  of  the  armory.  The  ren- 
dezvous of  the  state  forces  was  surrounded  almost  in- 
stantly after  the  striking  of  the  vigilance  alarm,  so 
that  the  escape  of  the  inmates  was  impossible.  Two 
pieces  of  artillery  were  planted  before  the  building-, 
ready  loaded  and  with  match  lighted.  A  committee 
consisting  of  Dempster,  Smiley,  Truett,  Tillinghast, 
Rogers,  and  Ward  was  appointed  to  proceed  to  the 
scat  of  action  and  advise  with  the  marshal  in  the  fiel-l. 
Excitement  round  the  armory  now  roared  exj)!'!- 
sivoly;  the  people  were  wild.  The  chivalry  deelartil 
vehemently  that   they  would  die  where  they  were 


rathe 

vii;>l| 
inoui 

at  liif 

sooni 

woull 

dooul 

witlj 

unclt 

withl 

marc 

direc 
\\ 

fhul 

The; 

iiiut 

COUN 

Avorc 

the 

hravl 

Ktl 

upoi 

l)Ut 

Li'laii 


THE  CALL  TO  SURRENDER. 


888 


rather  than  yield,  and  in  the  ranks  of  the  organized 
vii^ilaiits  anxiety  was  depicted  on  every  face.  For  a 
Dioiiiont  the  sky  presaged  a  time  of  terror.  But  though 
at  tiist  the  state  forces  so  stoutly  swore  resistance,  they 
soon  saw  how  extremely  futile  any  efforts  of  theirs 
would  be.  They  saw  failure,  ay,  they  saw  their  cause 
doonietl,  the  wiser  of  them,  in  the  hurrying  horsemen 
with  drawn  sabres,  hurrying  not  confusedly  but  as 
iiiulor  the  all-seeing  eye,  and  in  the  squads  of  infantry 
with  flittering  bayonets  marching  hither  and  thither, 
luarciiing  not  without  purpose,  but  as  under  the  all- 
diiL'Cting  mind. 

Within  the  walls  of  their  armory,  now  their  prison, 
ehullieut  passion  had  settled  into  dark,  malignant  hate. 
They  talked  together  now  in  quiet  tones,  though  dco[)ly 
luuttored  curses  were  not  unmingled  with  their  sober 
converse ;  they  talked  as  men  with  whom  every  uttered 
word  ]iad  its  meaning.  From  their  windows  they  saw 
the  surging  mass  below,  and  as  by  common  consent 
1  )ravado  was  laid  aside.  They  now  felt  the  few  moments 
li'il  them  within  those  walls  was  the  little  point  of  time 
upon  which  hung  their  destinies.  Terry  did  not  know 
l)ut  that  the  man  he  struck  was  dead;  and  the  furtive 
glances  cast  from  the  window  at  the  angry  multitude 
below  left  in  his  mind  loose  and  unsubstantial  the 
slender  thread  that  held  his  life  to  earth. 

"This  is  very  unfortunate,  very  unfortunate,"  said 
Terry,  now  beginning  to  realize  the  insensate  folly  of 
liis  proceedings,  "but  you  shall  not  peril  your  lives 
lor  mo.     It  is  I  they  want,  I  will  surrender  to  them." 

"  There  is  nothing  else  to  do,"  replied  Ashe,  "but  first 
of  all  we  nmst  try  to  escape  the  fury  of  this  mad  crowd." 

Ashe  was  captain  of  company  A,  and  commander 
of  the  armory.  A  loud  ringing  rap  at  the  iron  door 
now  brought  him  to  the  window  of  the  second  storv. 

"  I  demand  instant  surrender  of  these  premises," 
exclaimed  Grand  Marshal  Doane. 

"  I  will  ojaen  the  doors  on  condition  our  safety  be 
guaranteed  us,"  replied  Ashe. 


r'S! 


3S4 


ARREST  OF  JUDGE  TERRY. 


"  Tliore  is  no  condition  about  it,"  roturncd  Doano 
"  o])cn  tlio  doors  or  I  will  bl<^\v  up  the  Imildiiijr." 

"Ju<lge  Torry  is  hero  and  will  make  no  etibit  to 
escape.  If  any  of  the  executive  committee  are  hero 
I  will  send  them  a  written  proposal." 

Tlie  war  committee  then  stepped  forward,  ready  to 
hear  wliat  the  commander  of  the  state  forces  had  to  sav. 
Mr  Aslie  retired  from  the  window,  but  returned  pres- 
ently, and  passed  out  a  note  which  read  as  follows : 

"San  Francisco,  June  21st,  18')G. 
"Gentkmpn  of  (he  Vigilance  Committee: — 

"If  the  executive  committee  will  give  us  protection  from  violence  we 
will  agree  to  surrender. 

"R.  P.  AsiiE,  Captain  Company  A. 
"J.  Martin  Reese,  1st  Lieut.  Co.  1$." 

The  war  committee  then  entered  a  German  bak(  rv 
situated  next  door  to  the  armory,  to  write  a  reply. 
The  proprietor  was  absent,  but  his  wife,  a  hearty  in- 
telligent woman  with  a  lager-looking  baby  in  lur 
arms,  granted  the  intruders  the  permission  which  they 
asked,  to  use  her  counter  as  a  writing-table. 

"  You  need  not  be  afraid,"  said  Mr  Dempster  to 
her  assuringly. 

"  Indeed,  sir,"  she  exclaimed,  with  a  smile  of  confi- 
dence, "I  am  not  afraid  of  the  Vigilance  Committee." 

"  But  we  maybe  obliged  to  fire  upon  the  building," 
continued  Mr  Dempster. 

"  You  may  fire  and  w^elcome,"  returned  the  woman, 
"  only  let  me  get  the  children  out."  There  was  really 
more  danger  than  the  woman  supposed ;  but  if  all  ap- 
prehensions of  danger  should  pass  unknown,  as  indeed 
much  belonging  to  real  danger  does,  nine  tenths  of 
the  world's  misery  would  be  obliterated. 

The  reply  of  the  war  committee  then  passed  into 
the  armory  read  as  follows : 

"  Corner  of  Dupont  and  Jackson  Streets,  ) 
San  Francisco,  June  2l8t,  1856.         \ 
"R.  P.  Ashe  ami  J.  Martin  Reese,  comvmndiiiti : — 

"Gentlemen  :  We  have  to  say  in  reply  to  your  communication  of  this  date 
that  if  Judge  Terry,  S.  R.  Maloney,  and  John  B.  Philips,  together  with  the 


THE  SURRENDER. 


3SJ 


nrins  anil  ammunition  in  your  posaesaion,  be  surreiidered  to  the  charge  of  our 
l.uily,  we  will  give  you  and  the  building  in  whicli  you  now  are  protection 
Iruiii  viulince.     Yours, 

"15y  order  of  the  executive  committee  of  which  we  are  members. 

"No.  12,  No.  13,  No.  50,  No.  045,  No.  332. 

"  .\ii  answer  required  in  fifteen  minutes,  it  being  now  ten  minutes  to  four." 

To  which  answer  was  made : 

"San  Francisco,  June  21  at. 

"Oeiitlemen  of  the  Vigilance  Committee: — 

"  If  you  will  agree  to  see  that  Judge  Terry  and  Mr  Maloney  will  be  also 

]iotcctcd,  while  in  your  hands,  from  violence  from  persona  outside  of  your 

(iiganizalion,  then  we  will  agree  to  surrender  on  the  terms  of  your  note  just 

received.  E^spectfuUy, 

"R.  P.  Ashe,  Capt.  Co.  A. 

"J.  Martin  Reese,  Lieut.  Co.  B. 
"P.  S.— Lieut.  Philips  is  not  with  us." 

This  was  answered  as  follows : 

"June  21st,  1836. 
"/■'.  P.  Anhf  and  J.  Martin  Jiee^e,  commanding: — 

"We  agree  to  protect  Judge  Terry  and  S.  R.  Maloney  from  violence  from 
jiartics  outside  of  our  organization,  as  proposed,  and  beg  leave  to  remind  you 
tiiut  the  time  proposed  in  our  first  note  has  already  expired. 

"By  order  of  the  executive  committee,  of  which  we  are  members. 

"Nos.  12,  13,  50,  332,  645." 

Immediately  upon  receipt  of  this  last  communica- 
tion the  doors  of  the  armory  were  thrown  open  by 
those  within,  and  a  company  of  vigilants  marched  in. 
All  present  were  disarmed.  Terry  and  Maloney  weit; 
taken  charge  of  and  the  armory  was  quickly  swept  of 
its  contents.  Three  hundred  muskets  and  other  muni- 
tions of  war  were  carried  out  and  placed  on  drays. 
Two  carriages  then  drove  up,  in  one  of  which  was 
placed  jMaloney  and  in  the  other  Terry.  Both  were 
attended  by  a  strong  escort,  Olney  forming  round 
them  with  his  Citizens'  Guard,  increased  to  a  battal- 
ion. Then  in  triumph  the  Committee  men,  Avith 
their  prisoners  and  plunder  enclosed  in  a  solid  body 
I't  inflmtry  and  these  again  surrounded  by  cavalry, 
niarched  back  to  their  rooms.  The  route  taken  was 
along  Dupont  street  to  Washington,  down  Washing- 
ton and   through   Kearny,  Clay,  and   Montgomery 

Pop.  Trib.,  Vol.  H.    28 


""■——"■ 


886 


ARREST  OF  JUDGE  TERRY. 


streets,  to  and  down  Sacramento  street.  The  jiroccs- 
siou  was  attended  by  a  larger  crowd  even  than  that 
which  honored  Casey  and  Cora  with  their  presenoi, . 
Arrived  at  head-quarters,  Terry  and  Malouey  were 
con(hicted  to  separate  cells. 

The  prison  portion  of  the  vigilant  premises,  situ- 
ated in  the  most  easterly  of  the  three  buildinj^s,  was 
fifty  varas,  or  one  hundred  and  thirty-seven  and  a 
half  feet  in  depth.  There  were  at  times  fifteen  cells 
l)artiti<)ned  from  the  main  hall,  constructed  of  boards 
and  closed  from  floor  to  ceiling,  though  but  nine  are 
represented  in  the  cut  previously  given.  All  tho  per- 
manent cells  were  on  the  west  side  of  the  room. 
There  was  never  more  than  one  prisoner  confined  in 
each  apartment,  and  at  the  door  of  every  occniiied 
cell  stood  constantly  a  man  on  guard.  Terry's  eell, 
the  largest  in  the  building,  had  two  windows  and  was 
situated  at  the  south-west  corner  of  the  room.  It 
was  not  by  any  means  secure,  but  the  distinguished 
l)risoner  was  most  carefully  guarded.  All  or  nearly 
all  the  other  cells  were  dark. 


m  f 


Hi, 


CHAPTER  XXII. 


CAPTURE  OF  THE  ENTIRE  CHIVALRY  FORCES. 


The  world,  the  flesh,  and  tlic  devil. 

Prayer  Book. 

Come  we  now  to  the  crisis  of  the  crusade.  It  was 
the  moment  when  tidings  of  Terry's  arrest  reached 
the  executive  chamber.  The  three  o'clock  meetiiiij  of 
Saturday  afternoon  had  been  called  to  order  by  Mr* 
Thompson,  one  of  the  vice-presidents,  but  when  Hoj>- 
kins  was  stabbed  John  P.  Manrow  occupied  the  cliaii-. 
It  was  now  about  half-past  four.  Little  George  Ward, 
the  Hotspur  of  the  association,  being  always  on  his 
flet,  and  hence  not  havinir  to  rise  in  addressing  the; 
meeting,  offered  the  following  resolution,  which  was 
atloi)ted:  "That  the  grand  n.  irshal  be  ordered  to  take 
possession  of  all  arms  and  munitions  of  war  that  may 
he  found  in  the  hands  of  our  opponents,  or  that  may 
he  likely  to  fall  into  their  hands." 

Xothing  could  have  been  more  opportune  than  this 
step  at  this  juncture.  That  it  was  unpremeditated 
there  can  be  no  question,  for  the  Terry  affair  was  not 
only  wholly  unexpected,  but  was  deeply  regretted  l)y 
the  Committee,  as  well  as  by  himself  and  his  friends. 
A  tjfeneral  fifyht  would  have  entailed  less  danger  to 
the  law  and  order  men  than  the  fiilling  of  any  of  their 
immber  into  the  hands  of  the  enemy.  This  motion 
of  tlie  little  Hotspur  displayed  well-convoluted  brains. 
liesides  possessing  pluck  and  quickness,  Hotspur's 
head  was  tolerably  clear. 

At  all  events,  this  motion  and  what  followed  from 

The  vigilants 

^387) 


>:1 


it  broke  the  backbone  of  the  chivalry 


f 


388 


CAnURE  OF  TIIK  EXTIRE  CHIVALRY  FORCES. 


^vorc  all  eager  for  it.  They  were  tired  of  the  jocis  diid 
insulting  braggadocio  of  their  opponents;  they  Ioiit^,] 
tor  some  determinate  action. 

About  the  same  time,  which  was  shortly  after  four 
o'clock,  Curtis  writes  from  Jackson  street  to  the  ex- 
ecutive committee:  "We  have  caged  Terry,  Aslie, 
IVIaloney,  and  a  man  who  presented  a  loaded  weapon 
at  one  of  our  police.  Shall  those  who  made  resistaiia' 
he  brought  to  garrison?  I  have  orders  now  only  for 
Terry  and  INIaloney."  Curtis  was  directed  to  arrtsf 
those  whom  he  had  named.  At  the  same  time  it  was 
made  a  rule  "  in  case  of  armed  resistance  to  policu 
while  in  the  act  of  arresting  any  criminal,  that  said 
police  have  the  power  to  arrest  all  such  persons." 

There  were  other  companies  drilling  at  this  timo 
besides  those  commanded  by  Ashe  and  West,  who 
licld  themselves  under  state  orders.  Calhoun  Benliam 
hid  a  company;  likewise  John  C.  Hays,  Riggs,  livaii. 
I\Ionroe,  and  Regan  all  had  companies  which  drilled 
iii'^ditlv. 

While  a  portion  of  the  vigilant  forces  stood  guard 
oA'cr  Maloncy  and  his  judicial  protector  at  the  l^lues' 
iirniory,  a  coiij)  tVetat  was  executed  by  the  otlurs, 
v.'hich,  for  an  army  of  such  miscellaneous  and  reeently 
(I'ganized  material,  displayed  consummate  generulshii). 
This  was  the  stroke,  this  the  blow  that  laid  low  the 
i.:'>cnt8  of  outraojed  law  and  of  disorder.  Simultane- 
ously,  and  almost  before  the  men  who  executed  the 
movement  were  aware  of  it,  every  important  law  and 
Older  encampment  in  the  city  was  sui  "ounded  by  the 
A  igilant  forces,  the  r  inmates  made  prisoners,  and  their 
arms  and  nmniti(<  s  of  w^ar  seized  and  conveyed  to 
the  head-quarters  f  the  Committee  on  Sacramento 
street.  The  open  and  violent  collision  with  the 
\  igilance  forces  was.  the  death-blow  to  the  opposing 
l)arty;  and  tliere  is  o  question  now  that  in  the  event 
of  Hopkins'  death  a  justice  of  the  supreme  court  will 
be  executed  by  the  Vigilance  Committee.  This  pre- 
sents nothing  new  in  the  popular  tribunal  principle, 


THE  .SEVERAL  STRONGHOLDS. 


389 


liiit  if  it  liappens  it  adds  greatly  to  the  cares  of  the 
Coiiiiiiittoo. 

And  this  is  the  way  the  thing  was  done.  On  rc- 
ceiviiii,'  instructions  to  that  effect  from  the  Executive, 
the  ni.irslial  instantly  detailed  squads  to  scour  the  citv 
ill  (lilfcrcnt  directions  in  search  of  arms,  and  of  men 
lii;irini(  arms  against  the  Committee.  The  force  was 
(li\  idt'd  into  four  parties,  which  started  simultaneously 
i'ur  .susf)ic'ious  places.  As  bcfo:'e  stated,  a  strong  de- 
taclinitiit  had  been  left  to  guard  the  remaining  inmates 
of  the  Blues'  armory,  some  sixteen  in  number,  who 
wire  still  held  prisoners  by  the  vigilants,  and  thesu 
wore  now  ordered  to  head-quarters. 

The  next  most  important  rendezvous  of  the  law 
and  order  forces  was  the  armon-  on  the  north -cast 
coriior  of  Clay  and  Kearny  streets,  in  the  large  brick 
liiiilding  known  as  the  Merchants'  Exchange.  Before 
tliis  building  Marshal  Doane  appeared  with  his  forces. 

The  work  was  not  accomplished  without  resistance 
on  the  part  of  the  law  and  order  forces.  At  the  lirwt 
alarm  members  of  the  diflferent  companies  rushed  to 
tliiir  armories,  but  in  most  instances  only  to  find  them 
ill  the  hands  of  the  vigilants.  Some  gained  admission 
bo  tore  the  seizure  cf  their  encampment,  but  many 
M  ore  repulsed  at  the  door,  and  drifted  purposeless  and 
uns^eneralled  about  the  streets. 

When  the  column  enclosing  the  Blues'  armory  cap- 
ture arrived  at  the  Kearny-street  armory  on  their 
way  to  the  Committee  rooms,  the  vigilant  forces  there 
stationed  presented  arms,  and  the  main  body  halted. 
Detachments  were  then  drawn  from  it  and  added  to 
the  guard  surrounding  the  Kearny-street  armory. 
These  were  so  stationed  as  to  insure  the  surrender  of 
this  law  and  order  stronghold.  Palmer,  Cook,  and 
Company's  building  was  likewise  placed  under  guard. 
The  main  body  then  moved  on  to  Sacramento  street. 
To  the  Exchange  buildini?  cannon  were  then  brous'ht 

111 

and  planted,  and  matches  lit.  A  formal  demand  was 
iJiude  for  the   surrender  of  the  place.     Six  o'clock 


i 


li' 


U>      I 


390  CAPTURE  OF  THE  EXTIRE  CHR'ALRY  FORCES. 

was  the  hour,  and  the  inmates  were  informed  that 
their  answer  must  be  decisive,  and  quickly  ^\\m. 
Within  were  i)ortions  of  the  Jackson  Guard,  the 
Union  Rilles,  and  the  Continentals,  numberinjr  to- 
<4\'th(jr  about  seventy-five  men.  General  Howard  had 
shortly  before  reviewed  these  troops,  but  he  was  not 
at  present  within  the  building.  Colonel  J.  R.  West. 
late  United  States  senator  from  Louisiana,  was  now 
in  command  of  the  armory.  Ho  refused  at  iirst  to 
surrender  in  absence  of  his  superior  officer,  and  asked 
for  time.  The  Committee  regretted  they  could  not 
accommodate  him  in  this  respect;  he  could  sec  the 
situation  as  well  as  any  one;  he  might  surrender  the 
armory  or  take  the  consequences.  Nothing  was  said 
by  the  officer  in  charge  about  a  little  note  in  his 
pocket,  whir],  read  as  follows: 

"  jf'o  Cul.  West,  or  the  officer  In  commar.d  of  the  huiUVng  Inown  as  the  Calij'orim 
Exchunije: — 
"Siu:     You  are  anthorized  to  aurrenflcr  the  building  under  your  com- 
mand, when  there  is  no  reasonable  prospect  of  a.  reasonable  defence. 

"VOI.NEY   E.   HOWAKD, 

"Maj.  Gen.  4th  Divmon,  C'ommaiidiiuj  in  San  Frandico." 

West  scanned  thoughtfully  his  little  company,  then 
looked  at  the  cannon  and  ran  his  practised  eye  ali)nn' 
the  vigilant  lines  which  stretched  far  up  and  down 
the  street,  and  over  into  the  plaza,  and  was  satislicd. 
"  Ca})tain  0.  B.  Crary  and  myself,"  says  Mr  Denij)ster, 
"  went  into  the  hall.  There  was  a  great  deal  of  ex- 
citement among  the  law  and  order  men,  weapons  were 
brandished  and  we  were  threatened;  only  fear  prevented 
an  attack  on  us  by  some  of  them."  After  a  few  mo- 
ments of  further  conference  West  surrendered,  and 
marched  his  men  to  the  door  one  by  one  to  deliver  u[» 
their  arms.  As  each  passed  out  his  gun  and  accoutre- 
ments, he  marched  back  into  the  armory.  The  armory 
being  thus  emptied  of  its  power  for  evil,  the  guns  and 
annnunition  were  placed  in  wagons  and  taken  to  the 
Committee  rooms.   About  two  hundred  and  fifty  stand 


THE  GRAND  SWEEP. 


801 


of  arms  were  thus  secured  from  this  armory.  ^Marshal 
Doauo  then  entered  the  armory  with  his  aids,  and  in- 
lornied  the  officers  that  they  might  retain  their  side- 
arms.  In  manner  similar  the  armory  at  Madame 
Pi(liie's  Hall,  corner  of  Sutter  and  Kearny  streets, 
that  of  Calhoun  Benham's  company,  near  the  corner 
of  ^Montgomery  and  Pacific  streets,  and  others  were 
taken,  making  in  all  some  two  hundred  prisoners  ami 
;i  thousand  stand  of  arms,  beside  pistols,  swords,  and 
ammunition. 

It  was  thorough  work  they  made  of  it;  a  clean 
swoi'p.  Fort  Vigilance  was  crammed  with  arms  and 
])risoiiors,  and  it  taxed  their  commissary  somewhat 
to  provide  for  the  capacious  mouths.  The  friends  of 
t!io  ])risoners  came  in  scores  to  ascertain  what  the 
Committee  were  going  to  do  with  them.  They  were 
not  serious  offenders,  nor  was  it  the  wish  or  intention 
of  the  Committee  to  hold  them  in  durance.  Their 
arrest  and  temporary  confinement  during  the  heat  of 
action  was  deemed  a  wise  precautionary  measure. 
Some  of  them  volunteered  their  parole;  from  sonic, 
testimony  would  be  taken;  all  would  probably  be  soon 
discharged.     So  the  friends  of  chivalry  were  assured. 

Until  about  ten  o'clock  at  night  the  inmates  of  the 
other  several  armories  were  held  confined  in  their 
own  strongholds  by  vigilant  guards.  They  were  then 
hrouglit  out  two  by  two,  many  of  them  handcutl'ed 
ill  |»airs,  formed  into  a  lino  in  front  of  the  exchange 
hiiihhiig,  and  surrounded  by  a  guard  of  one  thousand 
foot,  and  one  hundred  cavalry  with  drawn  sabres  dis- 
jiosetl  round  the  infantry'.  When  all  war.  reat'.y  they 
\>('io  marched  down  to  the  Committee  rooms  and 
t  here  confined  during  the  night.  " It  was  a  sad  sight,  a 
sad  sight  in  a  free  republican  city,"  groans  the  Jlerald's 
ivj)orter.  ''Men  marched  through  tlie  streets  as  jtris- 
(Hicrs  of  war  whose  only  crime  was  fealty  to  the  l;iws 
and  constitution  which  they  had  sworn  to  uphold." 
Navy  biscuits  were  given  them  to  eat  and  the  iloor  to 
slei,'[)  on.     For  this  the  Herald  gives  the  "mercantile 


392 


CAPTURE  OF  THE  ENTIRE  CmVALRY  FORCES. 


I'll 
If'' 
f 


W  f 


junta"  due  credit  and  adds:  "We  regret  they  did  not 
stretch  their  hospitaUty  a  little  and  have  thrown  in  u 
Hniall  invoice  of  codfish." 

Says  Smiley,  who  had  been  scouring  the  town  at  the 
head  of  a  company  and  came  in  late  in  the  night  hot 
and  tired:  "After  the  last  gang  of  men  was  brouoht 
in  we  went  into  the  Committee  room,  and  the  que.tion 
came  up,  'What  shall  we  do  with  them?'  Tiie  bloodv 
reds  and  communes  were  for  hanging  and  quartoiiii^' 
them.  Some  proposed  lashing,  others  suggested  kcup- 
ing  them  on  bread  and  water  for  thirty  days.  Truott 
and  I  took  a  more  conservative  stand.  I  said,  'Gen- 
tlemen, we  are  all  too  hot.  Let  us  be  manlv  in  our 
victory.  Let  us  go  home  and  take  a  rest  and  thinl; 
about  it.'  We  went  down  at  ten  o'clock  on  Sunday  to 
decide  what  to  do.  The  proposition  was  made  that 
they  run  the  gauntlet,  and  be  paraded  through  tin 
town.  I  moved  that  they  be  forthwith  discharyjod, 
with  the  admonition  that  if  found  in  arms  aLiain 
against  the  Committee  they  would  suffer  the  scvoiv.  t 
j)enalties.  This  motion  passed.  I  went  into  the  room 
where  they  were  all  handcuffed,  about  hash-time,  with 
their  tin  cups,  taking  their  meal.  I  called  to  the  com- 
panies and  told  them  to  bring  them  into  lim  .  1 
ordered  their  handcuffs  taken  off;  and  said  to  thom 
that  I  had  been  requested  to  discharge  them,  and  to 
say  that  if  they  were  found  in  arms  again  against  tho 
Committee  they  would  be  subjected  to  the  severest 
])enalties.  They  marched  out  two  abreast,  and  away 
they  went.  I  saved  them  from  indignities,  from  in- 
sult, from  imprisonment,  and  perhaps  from  the  cart- 
whip  ;  but  they  gave  me  the  blame  of  all  they  suffered ; 
and  for  a  year  or  two  afterward  they  gave  me  showers 
of  brick-bats  and  insulting  words,  and  to  this  day  bear 
me  a  grudge."  Thus  with  the  exception  of  two.  Cor- 
poral Tice  and  Lieutenant  Kennovan,  all  were  i)er- 
niitted  to  depart,  and  were  even  escorted  as  far  as 
Batteiy  street  by  a  fde  of  vigilants. 

"  Tiiey  looked   like    FalstafTs   recruits,"  says  Mr 


THE  GALLANT  VOLNEY. 


393 


Farvvell,  "the  dirtit^st,  raggodest,  most  miserable  look- 
in""  dogs  that  ever  wore  soon.  We  handcuffed  them, 
two  together,  and  uiiirched  diem  out  and  down  to 
our  head-quarters.  Tliere  was  a  great  crowd  of  peoplo 
ill  the  streets,  and  they  hooted  at  our  prisoners." 
And  Mr  Dows'  dictation  reads:  "Tliere  were  two 
jiundred  of  them,  I  think,  hangers-on,  loafers,  poli- 
ticians, and  all  grades  of  fellows,  a  pnnniscuous  and 
motley  crowd.  They  were  a  harmless  set  of  vaga- 
bonds." "We  had  a  barrel  of  handcuffs,"  says  Mr 
Watkins.  And  yet  another:  "Such  a  set  of  gallows- 
looking  scoundrels  were  never  collected  in  one  crowd. 
Their  faces  alone  would  almost  have  convicted  them 
of  any  crime  with  which  they  might  be  charged  before 
an  intelhgent  jury." 

But  where  was  the  gallant  Howard?  Where  all 
this  time  was  the  jolly  giant,  the  gonial  fat  man,  tho 
j)ninpous  portly  general  of  all  the  chivalry  forces,  he 
who  would  lay  the  city  in  ashes,  he  who  would  sweep 
the  damned  pork-sellers  into  the  bay?  Where  was 
tho  gentle  Volney? 

Immediately  after  the  caging  of  the  chivalry  we 
found  him  at  the  door  of  the  armory  where  he  did 
not  gain  admittance.  His  sensitive  nature  was  some- 
what hurt  at  the  abrupt  manner  of  the  man  who 
doniod  him  access  to  his  friends;  and  turning  from 
tho  stern  door-keeper  more  in  sorrow  than  in  anger, 
ho  crossed  over  to  Washington  street,  and  turneil 
down  toward  the  lower  side  of  the  plaza,  thinking  to 
drop  in  at  the  other  Johnsonian  armory  and  seek 
consolation  from  Colonel  West.  But  alas!  these  were 
evil  times  for  great  men.  Volney  knew  he  was  a 
ureat  man,  and  he  took  it  for  granted  every  one  knew 
it.  So  he  carried  himself  as  one  surcharged  with 
L;roatness.  It  was  his  misfortune  to  be  great,  not  his 
lault.     He  could  not  help  it.     He  was  born  great. 

See,  now,  as  he  reaches  Brenham  place.  A  score 
o['  vigilants  on  their  way  to  the  Blues'  annory  stoj) 


394 


CAPTURE  OF  THE  ENTIRE  CHIVALRY  FORCES. 


and  regard  him  intently  from  the  north  side  of  \Va.s1'- 
ington   street.     Presently    one    cries :    "  There 


J^'OCS 


Terry!"  and  in  an  instant  the  rabble  were  after  luni. 
"Oh,  the  curse  of  being  distinguished!"  thouoht 
Howard.  "Strange  that  blood  and  chivalrous  l)t'ar- 
ing  should  be  so  quickly  detected  by  base-born  |j1c'- 
beians;  all  learned  and  courteous  gentlemen  look  alike 
to  them.  They  might  take  me  for  a  worse  man  than 
Terry,  but  that  is  a  bad  name  just  now  upon  Ihu 
street."  The  general's  powerful  brain  worked  rapidly, 
but  there  was  no  time  for  further  thought  before  tlio 
crowd  was  upon  him,  insisting  that  he  was  Terry,  and 
that  he  must  go  to  the  vigilance  head-quarters. 

It  happened,  at  this  moment,  that  Olney,  at  the 
head  of  his  gallant  company,  was  hurrying  up  A\^ash- 
ington  street  at  double  quick,  and  approached  l^ieii- 
ham  place  just  in  time  to  hear  the  shout,  "  Tliere  goes 
Terry!"  and  to  see  the  crowd  rush  after  him.  His 
lirst  thought  was  that  the  notable  justice  had  escajxd. 
Turning  to  the  left  and  leading  his  battalion  into 
Brcnham  place,  quick  as  thought  he  threw  a  tile  of 
njen  round,  antl  enclosed  the  whole  body  of  jjcojile 
with  Howard  in  their  midst.  The  movement  was 
executed  with  an  ease  and  rapidity  which  would  have 
thrilled  the  heart  of  an  old  soldier.  There  was  no 
hesitating,  bungling,  nor  confusion,  liound  that 
wrangling  crowd  they  went,  taking  their  j)lace  with 
military  precision;  and  before  the  disputants  were 
aware  of  it,  they  were  completely  fenced  in. 

Howard  was  not  happy.  This  was  a  phase  of  great- 
ness which  he  did  not  relish.  I  blush  to  say  it,  Imt 
the  fact  is  the  general  was  afraid,  was  very  badly 
frightened.  Olney  says  he  was  frightened  out  of  Lis 
wits;  but  Colonel  Olney  forgets  that  all  great  men  do 
not  have  wits.  As  the  Citizens'  Guard  closed  around 
them  the  rabble  rushed  forward  and  seized  the  general 
by  the  collar.  Then  Olney  rode  up  to  the  centre  of 
the  group,  and  Howard  cried  out:  "Olney,  do  you 
want  me?" 


HOWARD  DECLAIMS. 


395 


"  X<>,  general,"  said  Olney.  "  We  are  not  after  you 
at  jtreseiit."  Then  turning  to  the  crowd  Colonel 
Oliu  y  said,  "  That's  not  Terry;  let  him  alone."  Then, 
iiKkod,  Howard  was  happy.  "  You  never  saw  a  man 
so  rejoiced,"  said  Ohicy. 

An  liour  alter  we  iind  the  redoubtable  general  of 
al]  tlu;  chivalry  forces  standing  on  the  cornor  of  Clay 
and  I'roiit  streets  in  a  [)osition  prodcHHe  quani  cvn.sp'tcL 
Tlicic  lie  stood  at  the  vigilant  outpost  as  near  to 
iRjid-fjiKirters  as  he  could  get,  while  a  messenger  an- 
nounced to  the  Executive  that  the  state  comniander-in- 
chiff  thus  stood,  deshx)us  of  parley.  Although  the 
acti;tn  in)W  taken  by  the  Committee  was  quite  ex- 
ceptional, yet  in  view  of  the  facts  that  this  man, 
f  utunately  for  his  enemies,  did  command  all  the  state 
i'oices  in  California,  and  that  it  was  impossible  by 
reason  of  vigilant  sentry  to  approach  nearer  head- 
(juarters  than  he  now  stood,  the  Executive  resolved, 
■'that  a  committee  of  three  b^;  appointed  to  meet 
Volney  E.  Howard  at  his  request."  Consequently 
the  })resident  and  two  others  met  the  general,  and  a 
short  conference  was  held  at  the  store  of  11.  E. 
Brewster  and  Company. 

Howard  was  a  good  talker,  particularly  good  for 
one  who  had  nothing  to  say.  Talking  was  liis  forte ; 
he  could  talk  better  than  he  could  fight,  though  this 
he  did  not  know.  On  the  present  occasion  he  had 
merely  to  say  that  he  desired  to  impress  upon  the 
minds  of  the  gentlemen  members  of  the  executive 
conunittee  that  they  were  outlaws,  that  they  were 
taking  u[)on  themselves  unwarrantable  responsibilities, 
and  tliat  he  would  surely  put  them  down  within  sixty 
days,  as  he  had  sent  to  the  general  government  for 
aid,  and  he  would  have  it.  He  stated  further  that 
David  S.  Terry  was  in  the  hands  of  the  city  police, 
that  he  would  be  taken  to  jail,  and  would  be  protected 
by  his  party,  in  which  last  remark  the  general  out- 
spoke himself.  It  was  a  fault  in  his  otherwise  match- 
less delivery,  that  he  forgot  entirely  to  pause  at  the 


CAPTURE  OF  THE  ENTIRE  CHIVALRY  FORCES. 

penumbra  of  truth,  but  would  carry  his  hearers  as  flir 
beyond  the  boundary  of  light  and  shade  as  they  cared 
to  go.  Further  than  this,  How  ird  desired  to  appear 
before  the  Committee  in  a  bod}'.  The  president  and 
gentlemen  of  the  embassy  informed  Major-general 
Volney  E.  Howard  that  they  would  report  his  words 
and  wishes  to  the  Committee.  But  lest  a  greater 
evil  should  come  upon  them  the  Executive  immediately 
passed  a  resolution  "that  no  communication  bo  had 
with  Volney  E.  Howard  except  in  writing,  and  that 
the  committee  appointed  to  wait  on  Howard  notify 
him  of  this  resolution."  The  said  committee  were 
likewise  requested  to  pass  the  general  beyond  the 
vigilant  lines.  Since  the  Sherman-Johnson  misun- 
derstanding the  Committee  were  determined  that 
there  should  be  no  further  opportunity  for  prevarica- 
tion on  the  part  of  the  opposition,  but  that  all  com- 
munications between  the  respective  parties  should  uc 
in  writing. 

Now  may  we  not  indulge  in  a  little  godly  boasting, 
in  view  of  the  behavior  of  officers  and  men  that  day  i 
How  orderly  all  wero!  How  careful  to  make  no 
arrest,  or  to  indulge  in  no  overt  act  without  instruc- 
tions from  head -quarters!  During  all  th'^t  wild, 
tumultuous  time  the  Executive  sat  in  their  chamber 
and  directed  every  movement.  Invisible,  omnipotent, 
and  omniscient,  their  powers  and  intelligence  bordered 
on  that  of  the  deity.  Their  forces  were  absolutely  at 
their  command.  Had  they  said  slay,  sweep  the  butch- 
ering, blood-thirsty  men  of  law  from  the  earth,  it 
would  have  been  done,  so  great  was  the  confidence  of 
the  men  in  their  leaders;  so  all  had  sworn.  But  calm, 
just,  and  benevolent  were  the  councils  of  the  Execu- 
tive that  day.  Midst  all  the  mad  excitement,  never 
were  they  cooler,  never  were  they  more  careful  that 
every  step  should  be  free  from  mistake.  They  would 
do,  if  necessary  die,  but  they  would  do  and  di(  for 
high  and  holy  principles,  for  wise  conduct  and  dis- 


HONOR  TO  THE  MEN  OF  VIGILANCE ! 


307 


orimiiiating  action,  and  not  for  such  deeds  as  the  one 
indulged  in  by  the  learned  justice  of  the  supreme 
court. 

And  let  the  men  be  praised;  those  who  labored 
liard,  risked  much,  and  could  reap  but  comparatively 
little.     There  is  a  pleasure  in  bearing  and  directing 
power  which  we  do  not  find   in   simple   obedience. 
]\[any  a  general  has  sent  other  armies  and  his  own  to 
(lostruction  merely  for  the  fun  of  the  thing.     ^Many  a 
multitude  have  rushed  on  destruction  of  their  o\v:i 
accord  merely  for  the  fun  of  the  thing.    Such  general: j 
were  cruel,  and  such  men  insane.     But  these  shop- 
keepers, carpenters,  and  bricklayers,  with  wives  and 
little  ones,  did  not  covet  destruction  for  themselves, 
tlieir  families,  or  the  city.     They  did  not  covet  honor, 
piolit,  or  revenge;  they  desired  only  that  liberty  and 
peace  which  would  secure  to  their  sons  honesty,  an<l 
to  their  daughters  comely  virtue.    And  this  they  were 
(K'termined  to  have.     I  find  in  history  no  better  or 
l)urer  motives  actuating  men  than   these.     If  men 
must  needs  butcher  men,  I  see  no  more  reasonable 
excuse  than  this.      And  notwithstanding  they  were 
very  warm  on  the  subject,  in  head  and  heart,  con- 
science and  duty  held  an  overwhelming  restraint  upon 
their  passions,  and  they  played  the  men  that  day,  not 
the  mob.     Honor  to  these,  the  bone  and  sinew  of  San 
I'^rancisco,  I  say;  honor  to  those  noble-hearted,  hard- 
muscled  workingmen  who  staked  their  lives  that  day 
tor  virtue  and  fair  morality! 

This  day's  deeds,  by  citizen  soldiery  scarcely  six 
weeks  organized,  for  order  and  discipline,  for  speed 
without  confusion,  for  deep  determination  without 
passion  or  nervous  excitement,  exceed  anything  wo 
lind  in  history.  It  was  a  sight  which  those  who  wit- 
nessed never  forgot.  There  were  flashing  eyes  and 
Hrmly  set  lips,  but  there  was  no  blanching.  There 
was  little  talking;  and  for  once  the  jokes  and  repartees 
so  characteristic  of  Californian  crowds  were  sunk  in 
the  solemnity  of  the  occasion.     These  men  could  not 


398 


CAPTURE  OF  THE  ENTIRE  CHIVALRY  FORCES. 


forget  wliat  they  were  arming  for.  The  result  did 
not  trouble  them;  if  they  could  not  win  they  could 
die.  But  there  was  manifest  with  them  none  of  that 
appetite  for  blood  and  battering  so  apparent  among 
the  fire-eating  chivalry.  Principle,  not  passion,  was 
the  sentiment  that  swayed  every  vigilant  breast  and 
nerved  every  vigilant  arm.  "Of  all  the  field  days  of 
the  whole  campaign,"  exclaims  the  president  with  just 
pride;  "of  all  that  partook  of  brilliant  military  evolu- 
tion and  complete  success,  this  day  probably  excelled. " 
"  I  should  like  to  enlarge,"  says  Mr  Dempster,  "  on 
the  very  great  credit  deserved  by  the  rank  and  file  ( )t' 
the  Vigilance  Committee,  for  the  thorough  discipline 
and  good  behavior  displayed  by  them  on  the  day  the 
armories  were  taken.  I  should  wish  to  enlarge  on  the 
cheerful  sacrifice  of  their  time  by  laboring  men  and 
the  risks  they  took  which  did  not,  to  such  an  extent 
at  least,  affect  the  more  prominent  members  of  the 
Connnittee." 


u>g 
a  st| 

(foesi 


Turn  now  to  the  victim  of  this  tragedy.  As  before 
recorded,  when  the  blow  of  the  lawless  jurist  fell  on 
Hopkins'  neck  he  cried,  "  I  am  stabbed ;  take  them,  vig- 
ilants!"  and  staggered  back  still  holding  the  suprctne 
justice's  musket  which  he  had  wrenched  from  him. 
Supported  by  his  friends,  he  walked  into  the  Penn- 
sylvania engine-house  near  by;  physicians  were  sum- 
moned and  the  wounded  man  was  made  as  comfortal)lo 
as  possible.  As  soon  as  the  sad  intelligence  could  be 
conveyed  them,  his  wife,  mother,  sister,  and  brothei- 
came  to  him  and  lent  such  aid  as  only  fond  devotion 
can  give.  For  several  days  his  life  hung  fluttering' 
between  two  worlds,  the  while  chances  of  recovery 
were  deemed  against  him. 

Dr  Cole  thus  speaks  of  the  case :  "  I  entered  the 
building,  and  there  I  found  the  wounded  man  Hop- 
kins, sitting  on  a  chair  bleeding  profusely  from  the 
wound,  and  also  from  the  mouth  and  nose,  extremely 
pale  and  ensanguined,  and  immediately  on  my  enter- 


COXDITION  OF  HOPKINS. 


8M 


iiio-  he  fell  into  the  arms  of  those  surrounding  him  in 
a  state  of  syncope  from  loss  of  blood."  After  de- 
scribing an  exceedingly  dangerous  operation  the  doctor 
goes  on  to  say:  **  Yet  it  was  successfully  performed, 
the  man  being  so  far  exhausted  from  loss  of  blood, 
liowcver,  before  the  commencement  of  the  operation, 
that  when  the  ligatures  were  about  to  be  thrown 
mound  the  vessel,  he  had  become  so  weak  as  to  induco 
one  of  the  surgeons  present  to  urge  me  to  be  as  (juick 
as  possible,  he  having  lost  his  pulse,  and  to  all  ap- 
pearance being  in  extremis." 

Hopkins  was  poor  material,  truth  compels  me  to 
say,  for  a  first-class  martyr.  His  wife  and  mother 
were — women.  The  people  had  raised  some  thirty 
thousand  dollars  for  King's  family,  and  as  the  two 
near  and  dear  ones  sat  and  watched  the  night  away, 
Dr  Cole  heard  the  mother  remark  to  the  wife,  "If 
Stephen  dies  you  will  be  a  rich  widow;  the  Vigilance 
Conunittee  will  look  out  for  that."  Hopkins  also 
hoard  it;  for  turning  his  face  toward  them  he  ex- 
claimed, "  Don't  flatter  yourselves,  I  am  not  going  to 
die;  unless,"  he  added,  sotto  voce,  "  it  were  to  see  Terry 
hang."  If  the  mother  was  mercenary,  the  wife  was 
not,  like  Caesar's,  above  suspicion;  and  yet  Hopkins 
was  not  as  jealous  as  Othello  about  it.  Captain  Crary 
tolls  a  story  of  him  too  indecent  to  print.  All  which 
argues  in  favor  of  the  fairness  of  the  Committee  beinLs; 
as  ready  to  deal  with  a  high  criminal  as  with  a  low 
one,  and  to  right  as  promptly  the  wrongs  of  the  mean- 
est of  their  servants,  as  their  own.  Probably  never 
in  the  annals  of  the  state  has  raged  such  intense  ex- 
citcment,  both  in  city  and  in  country,  as  on  this  Sat- 
urdaj^  and  Sunday. 

A  glance  at  the  ITerakVft  editorial  the  morning 
after  the  coup  d'etat  forces  us  to  confess  that  it  is 
the  hollow  hypocrisy  of  one  who  scruples  at  no 
deception  to  maintain  a  false  position,  who  would 
shield  crime  and  throw  a  veil  of  sophistry  over  polit- 
ical rottenness,  hiding  his  ostrich  head  under  a  bush 


•■ 


400 


CAPTURE  OF  TIIK  ENTIRE  CHIVALRY  FORCES. 


rather  than  look  the  evil  whicli  was  liis  ruin  in  tlio 
face — I  say  the  writer  of  tliis  editorial  appears  wil- 
iully  untruthful  or  insane.  Yet  I  cannot  altoj^'ethcr 
denounce  Mr  Nugent  as  one  abandoned  of  truth  and 
lienor;  rather  let  me  think  that  he  was  honest  I  v 
trying  to  bring  himself  to  believe  what  he  knew  to  ho 
false. 

"  The  last  extreme  of  ignominy  which  the  poten- 
tates now  usurping  supreme  dominion  could  put  upon 
the  officers  of  the  laws,  the  representatives  of  all  that 
remains  to  us  of  the  constitution  of  our  country,  lias 
been  reached.  The  Hon.  David  S.  Terry,  of  the  su- 
preme court  of  California,  has  been  arrested,  and  is 
now  a  close  prisoner  in  the  dungeons  of  the  bastile. 
The  cause  of  his  arrest  has  been  given  elsewhere  in 
our  columns.  He  has  been  guilty  of  no  crime."  Uli 
shame,  where  is  thy  blush  I  "A  sworn  conservator  of 
the  public  peace,  he  was  unwilling  to  see  a  violation 
of  that  peace  committed  in  his  presence  by  an  act  of 
forcible  abduction  and  kidnapping  of  a  free  citizen  by 
the  myrmidons  of  the  present  dynasty,  who,  not 
content  with  doing  acts  of  lawless  violence  in  our 
streets,  must  add  the  needless  aifront  of  perpetratin^c 
them  in  the  very  presence  of  the  highest  officers  of 
the  law;  nay,  more  than  this,  must  wantonly  outrage 
the  honor  of  the  state  and  the  self-respect  of  evciy 
good  citizen  by  a  violent  and  deadly  assault  with 
arms  upon  the  person  of  a  judge  of  the  highest  court 
of  judicature  in  the  state." 

It  is  worse  than  time  wasted  to  show  that  lo^ric 
so  tangle-footed  will  not  stand  upon  its  legs;  and  the 
thick-strewn  fallacies  are  so  shallow  that  a  child  of 
ordinary  intelligence  could  scarcely  be  deceived  by 
them.     One  more  paragraph  and  I  will  pass  on. 

"We  venture  to  assert  that  there  is  no  jury  in 
England  or  the  United  States  which  upon  the  evi- 
dence of  this  case  of  Judge  Terry  would  not  without 
leaving  the  box  render  a  verdict  of  acquittal,  and 
that  this  verdict  would  be  received  with  acclamations 


LET  ALL  THE  PEOPLE  PRAISE  TIIEM. 


401 


1)V  tlu'  j)eoplo.  No  uiaii  would  bo  inoro  willing  or 
;iii\i<'iis  than  Judii,'e  Terry  to  rotor  himsolt'  to  tlio 
tribunals  of  his  country  and  to  a  jury  of  lii.s  poors  for 
tri:il,  t(»  stand  or  fall  by  tlioir  judgment."  Of  this  I 
liavf  not  the  slightest  doubt.  The  truth  will  ci-op  out 
ill  jilaces  under  the  editor's  pen  in  spite  of  himself, 
'ijut  no;  tills  ju'iviloge  which  the  constitution  of  the 
I'liiti'd  States  and  of  this  state  secures  to  him  is 
(Iciiiid,  and  the  humiliating  spectacle  is  presented  to 
(nlifornians,  of  tlioir  own  high  officer,  selected  by 
tlu  ir  free,  unbridled  suft'rages,  taken  by  violence  and 
iscortcil  by  bayonets  of  alien  soldiers  to  the  walls  of 
a  (kingeon,  to  be  tried,  and,  perchance,  convicted 
witliout  the  forms  of  substance,  and  in  violation  of 
cVL'iy  justice,  right,  or  even  decency." 

Sunday's  sun  rose  bright  upon  the  city.  Glad 
hearts  gathered  in  groups  about  the  streets  and  talked 
(if  the  events  of  yesterday.  Worshippers  quietly 
WLiidod  their  way  to  church,  and  all  was  serene  as 
ctui'iial  Sabbath.  Let  those  w'liose  breasts  are  on  this 
(lay  tilled  with  grateful  praise  thank  God  for  another 
hlv)()dloss  victory.  Let  all  the  people  praise  Him.  And 
K't  tiiose  noble  men,  those  men  of  lofty  principles  and 
teiii|tcrato  practice,  let  them  in  his  holy  sanctuary 
[)rai,su  (jrod  to-day  for  having  given  them  grace  calmly 
and  righteously  to  perform  their  duties  of  yesterday 
under  pressure  of  groat  excitement,  and  while  in  the 
)M)sscssi(Mi  of  unlimited  power.  Great  citizens  of  a 
great  city,  holding  the  fate  of  it  in  their  fingers;  and 
IK  it  a  liair  of  the  head  hurt,  even  of  the  head  of  the 
iiioiister  crime  which  they  had  grappled! 


Pop,  Tbib.,  Vol.  II.    26 


im 


CHAPTER  XXIII. 

PREPARATION    FOR    TRIAL. 

False  by  degrees  and  exquisitely  wrong. 

Ciniiiiiig. 

The  evening  of  the  clay  of  his  arrest,  preparations 
•were  made  for  the  trial  of  Justice  Tony.  Q'hat  the 
Committee  hoped  to  make  quick  work  of  it  is  evident 
from  the  fact  that  at  this  meeting  a  motion  was  niiido 
and  carried:  "That  we  proceed  to  the  trial  of  David 
S.  Terry  at  ten  o'clock  a  m.,  June  22d,  185(),  and 
that  after  the  trial  has  commenced,  no  recess  to  exceed 
thirty  minutes  shall  be  taken  unless  for  want  of  evi- 
dence," Not  only  was  this  rule  shortly  after  resciiuk'd, 
but  the  trial  was  several  times  postponed.  The  same 
rules  were  adopted  to  govern  in  this  trial  which  ob- 
tained in  the  trial  of  Case3^  It  was  further  resolved, 
"  that  no  vote  of  the  executive  committee  intlictin<f 
the  death  penalty  shall  be  binding  unless  passed  hy 
two  thirds  of  those  present,  providing  that  the  trial 
jury  shall  not  be  composed  of  less  than  twenty-six 
members  or  two  thirds  of  this  body."  This  was  after- 
wards changed  so  that  three  fifths  could  convict. 

The  committee  on  evirlcuee  "'as  then  directed  to 
notify  the  distinguished  prisoner  that  if  he  had  any 
witnesses  to  be  summoned,  lie  should  give  their  names 
in  order  to  prepare  for  trial  on  the  follo^^•ing  da}'. 

Upon  the  loss  of  their  arms  in  the  emeute  of  the 
21st  of  June,  the  state  rulers  sent  up  another  wail  to 
the  United  States  authorities  for  aid.  Boutwell 
seemed  to  be  their  only  sympathizer,  and  a  pretext 
was  now  oiFered  him,  in  the  imprisonment  of  Ashe, 

(402) 


ASHE  DISChARGED. 


403 


Fiilt('<l  States  naval  agent,  to  bombard  the  cit}',  which 
he  was  gi'catly  tlosirous  of  doing. 

Sunday  morning  the  executive  committee  received 
a  letter  from  Cajjtain  Boutwell  of  the  United  States 
shi|>  Jolni  Adams,  desiring  to  know  liow  long  Mr 
Aslie  would  be  detained  by  the  Committee.  The 
('(iiiiinittee  replied  that  the  time  for  bin  deliverance 
liad  not  been  determined  upon;  that  it  was  their  de- 
sire to  afford  him  all  possible  facilities  for  the  per-; 
finnance  of  his  official  duties,  and  that  they  trusted 
these  unavoidable  circumstances  would  occasion  no 
inconvenience  to  the  commander  of  the  Adams,  wov 
delay  the  departure  of  his  ship  from  this  port, 

Ashe,  being  a  federal  officer,  required  delicate 
handling.  That  it  was  an  outrage  for  a  man  in  the 
einjiloy  of  the  general  government  to  mix  in  the  local 
ail'uirs  of  the  city,  aj»d  to  render  himself  obnoxious 
to  the  better  sense  of  the  best  men,  the  Comnuttee 
keeidy  felt.  But  their  object  was  not  war  with  the 
i'edernl  government;  they  merely  wished  to  flush  their 
political  sewers  and  go  about  their  business.  This 
was  necessary,  and  to  accomplish  it  they  would  wage 
war  in  any  direction  if  necessary,  but  they  did  not 
deem  it  necessary  to  involve  themselves  in  difficulties 
with  the  United  States  government;  and  as  Ashe 
had  not  been  arrested  for  any  crime,  on  receij)t  of  the 
following  communication  it  was  resolved  to  discharge 
him,  which  was  done  the  day  after  bis  arrest: 

"  Tu  the  Executive  Committee  of  Viyilance: — 

"  I  feci  innocent  of  having  committed  any  crime,  and  it  is  under  the  belief 
that  you  do  not  accuse  me  of  any  that  I  write  to  ask  to  be  allowed  to  g(j  oii 
parole.  If  your  body  should  allow  nie  this  favor  I  do  promise,  as  a  man  of  lumor, 
strictly  to  comply,  as  far  as  being  neutral  in  word  and  action  ^^'llile  on  parole. 
Aly  official  business  must  necessarily  suffer  while  confined  here.  I  will  of 
course  stand  in  reailiness  to  obey  your  call. 

"Yours,  with  respect,  R.  i .  Ashe,  Captain  of  Co.  A." 

It  is  somewhat  singular  that  it  seems  never  to  have 
occurred  to  Ashe  or  Terry  that  their  official  business 
suffered  while  intermeddling  with  the  local  affairs  of 


404 


PREPARATION  FOR  TRIAL. 


San  Francisco,  or  until  they  were  incarcerated  for 
violent  interference.  After  taking  his  testimony  m 
the  case  of  the  people  against  Terry,  Ashe  was  dis- 
charged. Lieutenant  Haxton  of  the  ship  Adams  was 
pennitted  to  be  present  while  Mr  Ashe  was  glviiur 
his  testimony. 

Subsequently  Ashe  begged  to  be  released  from  liis 
])romise,  complained  of  the  hard -heartedn ess  of  the 
Connnittee,  and  requested  a  copy  of  liis  letter.  Mv 
Ashe  was  informed  that  release  from  his  promises  to 
tile  Committee  would  not  be  granted  him,  and  that 
h.is  case  would  not  be  opened  unless  he  surrendered 
himself  a  prisoner  and  so  cancelled  his  parole. 

It  was  in  the  manner  and  style  following  that  Vol- 
ney  now  spoke  to  the  Connnittee: 

" Head-quakters,  Sa\  Francisco,  June  21,  isno. 
*'  ToWilliam  T.  Coleman  and  others,  xfylhuj  themselren  The  V'ufdaitce  Comnuttif: 

"Gextlemex:  I  learn  that  a  person  named  Hopkins,  claiming  t»>  act 
under  your  authority,  a  ehort  time  since  visited  th<;  room  of  Judj^e  Tciry  in 
this  city,  rushed  upon  him,  and  attempted  to  disarm  liim,  and  otlii'iwi.so 
a.isaulted  hin\.  Judge  Terry  in  self-defence  was  compelled  to  use  a  Icuilu, 
v.itli  which  he  inflicted  a  severe,  and,  perhaps,  a  mortal  wound. 

"From  all  the  circumstances,  as  detailed  to  me,  I  have  no  doubt  tliat 

should  Hopkins  unfortunately  die,  it  would  he  a  case  of  justifiable  honiicidf. 

"  I  am  informed  that  Judge  Teriy  is  now  in  tlie  hands  of  tius  police,  auil 

that  tlie  house  in  which  he  is  situated  is  surrounded  by  a  large  armed  force 

under  your  orders. 

"  I  demand  that  the  force  be  witlulrawn  and  that  Judge  TeiTy  be  left  in 
the  custody  of  the  officers  of  tlie  law  alone ;  that  if  he  be  in  your  possession 
or  power  ho  be  restored  to  the  officers  of  the  law;  and  I  pledge  myself  that 
he  shall  be  held  in  safe  custody  to  abide  his  trial  and  all  legal  proceedings. 

"  This  is  the  only  courae  which  will  avoid  an  immediate  collision  of  arms, 
involvuig  the  i>eace  of  the  state.  Volney  E,  Howard, 

"Maj.  Gen.  Fourth  Dir'inion  C'ommamling  in  San  Francisco. 

"B.  W.  Leigh,  Actiny  Aid-ik-camj)." 

Monday,  the  23d  of  June,  Mr  A.  P.  Crittenden 
directed  a  letter  to  Terry  which  the  Committee  de- 
clined to  deliver;  likewise  the  same  day  Judge  D.  O. 
Shattuck  addressed  an  appeal  to  the  Committee  «ni 
Ijehalf  of  Terry.  By  order  Judge  Shattuck's  mes- 
senger was  informed  that  the  Committee  had  no  rejtly 


LETTER  FROM  TERRY. 


m 


to  make  to  hifs  letter.  Mr  Crittenden  was  admittccl  to 
Tony's  cell  for  halt"  an  hour  the  next  day;  likewise  a 
(K'loifation  of  citizens  consisting  of  Balie  Peyton,  Ashe, 
Tliointon,  Perley,  Lubbock,  McAllister,  and  Benhani. 
Letter  from  Judge  Terry  to  the  Committee : 

"San  Francisco,  June  24th. 
"To  the  Executive  Committee  of  Vigilance: 

"  <  1 KNTLEMEN :  I  dcsired  to  see  Mr  Crittenden  for  the  purpose  .amongst 
other  things  of  requesting  him  to  say  to  you  on  my  behalf,  that  I  liave  a  wiie 
anil  oliild  dejiendent  on  me  for  support;  that  my  personal  affairs  are  compli- 
cat<^il  and  involved,  and  as  I  have  never  confided  my  business  to  others  it  can- 
not Ik!  readily  understood  and  settled  except  by  myself;  that  if  deprived  of  an 
opportunity  of  giving  them  my  personal  care  for  say  two  weeks,  I  Ixdicvc  ii'» 
agent  or  adnir.  could  or  would  save  anything  for  my  family,  whilst  I  woulil  bo 
ahlu  in  the  above  time  to  settle  with  all  creditors  and  ensure  to  them  a  mod- 
est competence. 

■'  For  the  purpose  of  ensuring  to  my  wife  and  boy  a  support  in  case  by 
your  verdict  they  were  deprived  of  my  protection,  and  also  to  give  me  an  oppi)r- 
tuiiity  of  vindicating  my  fair  name  which  is  dearer  far  than  life,  I  rocjui'st 
tliat  the  cliarges  against  me  be  submitted  to  a  legal  tribunal  in  this  city.  Tliu 
judges  of  the  criminal  courts  here  are,  I  believe,  allowed  by  you  to  be  hont'-t 
in  tlii.H  case.  You,  by  your  power  and  influence  over  Scannell,  can  socui'o 
what  you  would  consider  an  honest  and  intelligent  jury,  or  if  you  distrust 
Scannell  I  will  agree  that  the  jury  may  be  summoned  by  a  person  named  liy 
yourselves  and  for  whose  honesty  you  will  vouch.  I  will  interpose  no  delay 
t'X(T])t  as  above  stated;  will  make  no  application  for  a  change  of  venue  or  for 
bail,  and  will  object  to  no  juror  because  he  is  a  member  of  your  body  or  orgaiii/-,'- 
tion,  for  although  at  present  the  V.  C.  are  naturally  much  incensed  again.st  mo 
yi't  I  will  be  well  content  after  a  few  days  give  tune  for  reflection  to  submit  my 
cause  to  a  jui'y  composed  of  honest  men  though  all  may  be  mendjers  of  tlie  \'.  C 

"  I  will  further  agree  that  if  death  should  ensue  from  the  wound  inflicted 
by  nie,  I  will  at  once  resign  my  position,  will  make  all  the  necessary  arran^^e- 
nu'iits,  and  if  acquitted,  will  at  once  leave  the  state  should  you  requii'e  it. 

"  I  make  this  request  solely  for  the  reason  that  I  do  not  Avish  to  leave  my 
family  deixindent  on  the  charity  of  others;  fuiiuj  self  1  have  suiKcient  fortitude 
to  endure  witliout  fluiching  any  fate  which  pro'  ideuce  may  have  in  store  tor  mc. 

"  If  you  do  not  grant  the  above  recjuest,  I  suggest  that  as  to  some  of  the 
speintications  against  mc  transpiring  y-.ara  since  and  at  a  distance,  the  wit- 
nc's.si-s  are  not  forthcoming  at  this  instiint,  but  are  near  by  in  San  .luiKjiiin 
county,  I  desire  time  as  to  those  charges  (say  two  days),  in  which  to  jii-o- 
cure  those  witnesses,  as  well  as  the  most  respectable  gentlemen  of  Stockton 
from  all  sections  of  the  Union  to  refute  the  asper.sions  u[)on  my  character. 

"I  submit  the  foregoing  for  your  consideration,  I  am  not  personally 
.iciiuainted  with  any  of  you,  but  am  informed  tliat  your  body  is  composed  of 
men  of  honor  so,  you  desire  oidy  to  do  justice,  and  I  think  no  injustice 

cim  be  done  by  pursuing  the  course  I  have  indicated. 

"Respectfully,  etc.,  D.  S.  Tfhuy." 


406 


PREPARATION  FOR  TRIAL. 


,  The  same  day  the  sergeant-at-arms  announced  to 
the  Executive  that  the  deputy  United  States  Mar- 
shal was  at  their  outpost  demanding  admittance  to 
the  building.  IVIr  Dempster  waited  on  the  marshal, 
and  on  his  return  reported  that  his  demand  was  prob- 
ably for  J.  R.  Maloney.  The  police  and  surveillance 
committees  were  then  directed  to  remove  Maloney, 
and  such  other  prisoners  as  they  might  deem  expe- 
dient, from  the  building,  preparatory  to  the  introduc- 
tion of  the  marshal.  The  marshal  was  then  admitted. 
In  his  search  for  Maloney  the  marshal,  accompanied 
by  Mr  Dempster,  entered  the  cell  of  Terry,  but  Mr 
Dempster  would  not  permit  any  conversation  between 
the  two.  After  an  unavailing  search  the  marshal  re- 
tired, and  Maloney  was  brought  back  to  his  cell.  At 
the  morning  meeting  of  the  25th  it  was  ordered, 
"that  in  case  any  writ  or  subpoena  issues  from  the 
United  States  court  for  Judge  Terry,  every  eftbrt  to 
secrete  him  and  thus  avoid  collision  shall  be  resorted 
to,  but  in  no  case  shall  the  said  Terry  be  surrendered. ' 
The  2d  of  July  the  director  of  police  informed  tlie 
Executive  that  ho  expected  every  moment  the  slierift' 
of  Contra  Costa  County  with  a  writ  of  habeas  corpus 
for  the  body  of  Louis  Maloney.  The  director  of 
police  was  instructed  to  put  Mr  Maloney  out  of  the 
icach  of  the  sheriff. 

In  many  ways  Mr.  Maloney  was  interceded  for; 
instance  the  accompanying  letter: 

"Sas  Francisco,  July  2,  1S5G. 
•'CiE.ntlemkn: 

"At  tlie  request  of  Mr  Maloney  and  his  friends  wo  beg  leave  to  submit  to 
you  the  following  considerations,  hoping  that  they  may  be  of  use  to  him  in 
his  present  circumsttvnces.  We  iiave  known  Mr  Maloney  many  years,  wiirii 
a  resident  in  the  Atlantic  States.  Of  tlie  truth  of  the  particular  ciiaiijcs 
wliich  may  have  been  brought  against  him  (they  not  having  been  made  puhlie) 
ve  of  cour.se  are  entirely  ignorant. 

"During  the  many  years  we  knew  him  upon  the  other  side,  no  charge 
derogatory  to  his  character  as  a  gentleman  came  to  our  knowledge. 

"  From  our  previous  knowledge  of  Mr  Maloney  we  sliouh'  be  nlow  to 
believe  that  he  has  by  criminal  practices  forfeited  liis  good  name  and  charucti  r, 
uud  brought  disgrace  upon  hLi  respectable  relations  upou  thu  other  side,  v  hu&o 


MALONEY'S  RESPECTABILITY, 


407 


honor  and  good  name  are  intimately  bound  up  with  his.  We  address  you  aa 
a  mere  matter  of  justice  to  one  many  of  us  have  known  from  boyhood,  and 
with  the  belief  that  what  we  have  written  will  be  received  in  tlie  spirit  in 
wliioli  it  is  submitted  and  will  receive  at  your  hands  the  weight  and  conaid- 
atiou  to  which  it  is  entitled. 

"  With  great  respect,  your  obedient  servants, 

"Jos.  P.  HonK, 
•'Thompson  Campbell, 
"Thos.  W.  Sutherland, 
"W.W.  French, 
"P.  BEQUErrE, 
"  Walter  M.  Rockwell, 
"Jas.  C.  L.  Wadsworth, 
•'  Wm.  Bothwell, 
"Henry  B.  Truetf. 
"  Tolhe  Executive  Committee  of  the  Vi'jilance  Committee  o/Saii  Francisco." 

Three  gentlemen  of  the  executive  committee  were 
."^pointed  to  remain  near  the  door  and  attend  to  such 
.  ..side  busines.s  as  might  be  oftered  in  order  that  tlie 
tiial  of  Terry  might  not  be  interrupted.  On  Wednes- 
tlay  John  Sime  informed  the  Committee  that  tiiere 
furtainly  was  an  organized  plan  of  attack  uj)on  the 
vigilance  building  to  take  place  that  night  by  men 
with  side-arms. 

Whereupon  at  the  next  meeting  Jules  David  offered 
the  following  resolution,  which  was  adopted: 

"  In  view  of  the  large  number  of  prisoners  now  in  tliis  garrison,  and  of  the 
dangc"  of  an  attempt  at  rescue  by  our  enemies ;  therefore,  resolveil,  that  the 
laiiralial  be  directed  to  keep,  until  the  trial  of  D.  S.  Terry  is  concluded, 
w'tliiii  theso  I'uildings  u  force  of  not  less  than  seventy-five  men,  and  to  post 
fci-utries  at  (Ijf  fdi'owing  points:  Four  men  at  the  corner  of  Front  and  Sacra- 
int'iito  p-tur't;  two  men  at  the  corner  of  Battery  and  Sacramento  streets; 
1  nir  nun  r.t  tl  ■■  comer  of  Commercial  and  Front  streets ;  four  men  at  the 
co;ii(  oi"  .' )a yis  'ind  Commercial  streets ;  four  men  at  the  corner  of  Davis  and 
Sacrunieuiu  if  .eets ;  two  men  at  the  <  oruer  of  California  and  Davis ;  four  men 
at  the  coi'>ei  i  F»->iit  and  California  streets;  two  men  at  the  corner  uf  Front 
and  Battery  .itiects;  two  men  in  front  of  M.  F.  Truett's  building,  iKJsides  a, 
strong  guard  inside  of  the  sand-b.igs  on  Sacramento  and  Davis  streets.  Also  to 
keep  a  picket  of  twenty-five  armed  men  on  tlie  lower  tloor  of  tliis  building,  ready 
to  bo  marched  at  a  moment's  notice  to  any  point  where  they  may  be  needed." 


For  such  troublous  times,  for  purposes  of  defence, 
til'  vigilance  quarters  were  weak,  the  Committee 
l>;.i.   ,   they  were  weak.     They  were  chosen  for  their 


m 


PREPARATION  FOR  TRIAL. 


I 


convenience  of  location,  and  intended  onl^-  for  tempo- 
rary use.  Their  cause  was  fortified  in  the  hearts  of 
the  people,  where  alone  their  strength  lay.  Blow  to 
atoms  Fort  Vigilance,  seize  their  arms  and  ammuni- 
tion, raze  to  the  ground  every  building  in  San  Fran- 
cisco; all  this  does  not  affect  the  cause  one  whit;  only 
a  slaughter  of  the  citizens  will  persuade  them  from 
renovating  their  city.  Almost  any  spot  would  serve 
as  a  rendezvous. 

Every  eff'ort  was  made  to  intimidate  members  of 
the  Committee;  numberless  letters  were  written  and 
messages  sent  to  members  of  the  Committee,  con- 
taining threats . ,  'idnst  property  and  life.  It  was  their 
determination  it  ble  to  capture  the  Executive;, 

and  either  hold  the  .  is  hostages,  or  dispose  of  them 
in  some  other  way.  Certain  of  the  Committee  wvrc 
so  sure  that  attempts  at  cajiture  would  be  made,  that 
on  going  home  from  the  Committee  rooms  at  niglit 
they  carried  a  cocked  revolver  in  their  hand.  Others 
would  not  go  home  at  all,  but  bivouacked  at  head- 
quarters. A  body  of  Texans,  they  were  told,  were 
coming  from  the  San  Joaquin  region  to  take  them. 
They  would  attack  them  from  the  Bay,  and  so  ap[)re- 
liensive  of  it  were  they  that  they  blocked  all  the 
sowers  by  which  approacli  to  head-quarters  could  oo 
made.  Their  plan  was  said  to  be  to  carry  in  gunpowder 
through  the  sewers  and  blow  up  the  buildings. 

It  is  said  that  for  weeks  during  the  trial  a  sharp- 
shooter lay  hidden  in  the  saloon  on  the  north-east 
corner  of  Front  and  Sacramento  streets,  who  in  case 
Terry  was  hanged  purposed  with  a  rifle-ball  to  cut  tlic 
rope.  Whether  this  story  is  true  or  not  it  shows  to 
what  desperate  straits  their  thoughts  led  them  for  his 
release. 

As  his  last  resource,  the  governor  on  the  27tli  of 
June  addresses  a  strong  appeal  to  Captain  Boutwell, 
concluding  thus: 

"From  the  stite  of  things  now  existing  in  San  Francisco,  and  I  may  say 
in  other  portions  of  tlic  state,  I  have  no  licsitatiou  in  saying  that  his  life  is  iu 


APPEALS  TO  BOUTWELL. 


409 


imminent  danger  anrl  peril  from  the  lawless  violence  of  said  Vigilance  Com- 
niittec.  and  it  is  wholly  beyond  the  civil  and  military  power  of  this  Btito  to 
iii'otccl  liiin  from  such  threatened  violence,  without  the  resort  to  nienns  which 
wmild,  in  all  probability,  involve  the  state  in  civil  war,  a  c:ilamity  greatly  to 
be  deprecated  under  all  circumstances,  and  which  I  am  most  earnestly  desirous 
siiail  lie  averted. 

"Wherefore,  in  the  name  and  by  authority  of  the  power  vested  in  me  as 
governor  of  the  state  of  California,  I  ask  at  your  hands,  and  with  the  power 
and  means  under  your  command,  the  protection  and  security  of  the  said  I  )avi(l 
S.  Terry  from  all  violence  or  punishment  by  said  Committee  or  any  otlier 
power,  except  such  punishment  as  may  be  inflicted  on  him  in  due  course  of 
law. 

"In  testimony  whereof,  I  have  hereunto  subscribed  my  name,  and  caused 
to  be  afiixed  the  [l.  s.]  State  of  California,  on  the  27tii  day  of  Juno,  ISoti. 

"J.  Nkely  Johnson." 

Judge  Terry  also  apfv^als  to  Boutwell,  sendiiio-  liis 
letter  by  one  of  the  tiiehds  which  the  Coiiimittee 
were  lenient  enough  to  admit  to  his  presence. 

"San  Francisco,  Cal.,  June  28,  1,S.-)G. 

"SiH :  I  desire  to  inform  you  that  I  am  a  native-born  citizen  of  the  United 
States,  and  one  of  the  justices  of  the  supreme  court  of  the  state  of  California, 
and  that,  on  the  21st  day  of  June  instant,  I  was  seized  with  force  and  violence 
liy  an  aimed  body  of  men  styling  themselves  the  Vigilance  Committee,  and 
was  ef)nveyed  by  them  to  a  fort  which  they  liad  erected  and  foi-niidably  in- 
trenehed  with  cannon  in  the  heart  of  the  city  of  San  Francisco ;  and  tliat, 
finee  that  time,  I  have  been  held  a  prisoner  in  close  custody,  and  guarded  day 
and  night  l)y  large  bodies  of  armed  men  with  muskets  and  Iwiyonet.s,  by  order 
(it  tlie  Slid  Conunittee.  I  desire  further  to  inform  you  that  the  said  ( 'ominittee 
is  a  powei'ful  organization  of  men  acting  in  open  and  armed  reljcUiou  against 
the  lawful  authorities  of  this  state;  that  they  hav!  resisted  by  force  the  exe- 
cution of  the  writ  of  habeas  corpus,  and  liave  publicly  <leclared,  througii  their 
organs,  that  their  will  was  the  supreme  law  of  the  state. 

"Tiie  government  of  the  state  has  already  made  inetfectual  efforts  to  quell 
this  icbellion,  and  the  traitors,  emboldened  by  success,  have  already  hung  two 
IHCM  iinil  lianished  a  great  many  others,  and  some  of  their  mciu)>ers  now  openly 
thieateii  to  sei^e  tlie  forts  and  arsenals  of  tiio  United  States,  as  well  as  tlio 
fiiiiiis  (if  war  in  port,  and  secede  from  the  federal  Union. 

"During  my  imprisonment  I  have  suffered  the  indignity  of  being  liand- 
eulled  liy  these  rebels,  my  friends  are  denied  all  access  to  me,  and  all  kinds  of 
terrorism  are  resorted  to  to  compel  me  to  resign  my  office.  I  desire  fnrtlier 
to  inform  you  that  said  Committee  is  now  engaged  in  trying  nu^  as  a  crim- 
iiiiil  for  attempting  resistance  to  their  autliority,  aiid  also  for  an  assault  with 
intent  to  kill  one  of  their  members,  whilst  I  acted  solely  ia  defence  of  my 
o"ii  life  against  their  assaults  on  the  public  streets,  and  that  I  am  in  hourly 
(hin,i.'er  of  suH'criug  an  ignominious  death  ut  the  lionda  of  these  traitors  aud 
assassins. 


ua 


410 


PREPARATION  FOR  TRIAL. 


ki\ 


"In  this  emergency  I  invoke  the  protection  of  the  flag  of  my  countiT.  I 
call  on  you  promptly  to  interfere,  with  all  the  powers  at  your  diaposiil,  to  pru- 
tect  my  life  from  the  impending  peril.  Let  me  remind  you  of  the  couduct  of 
the  noble  and  gallant  Ingraham,  when  the  life  and  liberty  of  a  man  only  cluim- 
ing  to  be  an  American  citizen  was  concerned.  From  your  high  chuiact' ..  I 
flatter  myself  that  this  appeal  will  receive  your  early  and  favorable  consider- 
ation. 

"  I  am,  sir,  very  respectfully,  your  obedient  se^^'ant, 

"David  S.  Terrv, 
"Justice  of  the  Supreme  Court  of  the  State  of  California." 


Capt 


In  the  supercillious  tone  of  one  born  to  coniniaiid 
ain  Boutvvell  now  writes  the  Committee : 


"U.  S.  Ship  'John  Adams,'      \ 
San  Francisco,  Cal.,  June  28th,  1850.  j 

"Gentlemen:  You  are  either  in  open  rebellion  against  the  laws  of  your 
country,  and  in  a  state  of  war,  or  you  are  an  association  of  American  citizeiia 
combined  together  for  the  purpose  of  redressing  an  evil,  real  or  inianiuary, 
under  a  suspension  of  the  laws  of  California.  If  you  occupy  the  position  as- 
bigned  to  you  by  Judge  Shattuck,  one  of  your  ablest  judges,  and  one  who 
sympathizes  with  those  who  wish  to  reform  abuses  under  the  law,  I,  as  an 
oflicer  of  the  United  States,  request  that  you  will  deal  with  Judge  Terry  as  a 
prisoner  of  war,  and  place  him  on  board  my  ship.  But  if  you  desire  to  oc- 
cupy  the  position  of  a  party  of  citizens  acting  under  a  suspension  of  or  against 
the  law  of  California,  you  will,  I  think,  on  reflection,  and  from  a  desire  to 
conform  to  the  I'equirements  of  the  constitution  of  your  country,  from  a  due 
regard  to  justice,  and,  above  all,  from  a  desire  to  avoid  the  shedding  of 
American  blood  by  American  citizens,  on  American  soil,  surrender  Judge 
Terry  to  the  lawful  authority  of  the  state.  You,  gentlemen,  I  doubt  not,  are 
familiar  with  the  case  of  Kostza.  If  the  action  of  Captain  Ingraham  in  inter- 
fering to  save  the  life  of  Kostza,  who  was  not  an  American  citizen,  met  tiie 
approbation  of  his  country,  how  much  more  necessary  is  it  for  me  to  use  all 
the  power  at  my  command  to  save  the  life  of  a  native-born  American  citizen, 
whose  only  oflence  is  believed  to  be  in  his  effort  to  carry  out  the  law,  ol)ey 
the  governor's  proclamation,  and  in  defence  of  his  own  life.  The  attaek  of 
one  of  the  policemen  of  the  Vigilance  Committee,  who  perhaps  would  have 
killed  the  judge  if  the  judge  had  not  wounded  his  adversary,  was  cleaily 
without  the  sanction  of  law.  Gentlemen  of  the  Committee,  pause  and  rellect 
before  you  condemn  to  death,  in  secret,  an  American  citizen,  who  ia  entitled 
to  a  public  and  impartial  trial  by  a  judge  and  jury  recognized  by  the  laws  of 
his  country.  I  trust  you  will  appreciate  my  motives  and  consider  my  position. 
I  most  earnestly  pray  that  some  arrangement  may  be  efiected  by  which  peace 
and  quietude  may  be  restored  to  the  excited  community. 

"  I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

"E.  B.  BouTWELL,  Commander, 

"To  the  Executive  Committee  of  Vigilance," 


BELLIGERENT  CORRESPOXDENCE. 


411 


To  this  communication  the  captain  of  the  Adams 
received  the  following  reply : 

"EXECUTIVK  COMMiri'EE  CHAMBERS,  1 

San  Francisco,  June  28th,  185G.  J 
"Dkar  Sir:  Your  communication  under  even  date  with  this,  was  re« 
ceiviil  a  short  time  since,  and  I  am  directed  by  the  executive  committee  to 
state  to  you  that  its  contents  will  receive  our  consideration. 
''I  am,  sir,  respectfully,  your  obedient  servant, 

"33,  Secretary." 

After  which  Boutwell  wrote  the  governor  somewhat 
discouragingly: 

♦•U.  S.  Ship  'John  Adams,'        ) 
Off  San  Francisco,  Cal.,  June  29,  18o6.  J 

"Governor:  I  have  had  the  honor  to  receive  your  communication  of  the 
2Tth  inst.,  and  after  giving  it  the  consideration  so  important  a  document  de- 
HLi-vcs,  I  am  sorry  to  be  compelled  to  inform  you  that  the  unanimity  with 
which  the  people  of  the  city  of  San  Francisco  deprecate  any  interference  on 
thi)  yinrt  of  the  federal  government  with  their  affairs,  would,  I  think,  wer^  I 
to  iiituifere,  do  much  injury,  endanger  the  life  of  Ju<Ige  Terry,  and  delay 
tho  sottlement  of  the  unhappy  controversy  now  existing  between  the  state 
govoriiiiient  and  a  very  large  proportion  of  the  citizens  of  the  city  of  San  Fnin- 
cImi'i).  I  understand  that  the  condition  of  Mr  Ho^jkins  is  improving,  and,  in 
a  (u\v  days  more,  he  may  be  so  far  recovered  as  no  longer  to  afford  the 
Vigilance  Committee  any  excuse  for  keeping  the  judge  in  custody.  A  civil 
Will-,  the  greatest  of  horrors,  ought  to  be  avoided,  if  possible,  and  any  inter- 
ference of  mine  to  obtain  the  person  of  Judge  Terry,  without  the  sanction  of 
the  Committee,  may  bring  about  one.  I  could  destroy  the  city  of  San  Fran- 
cisco with  tlie  guns  of  the  John  Adamn,  but,  in  the  ruins,  friends  as  well  as 
otiiers  would  suffer.  If  I  could  persuade  the  Committee  to  set  Judge  Terry 
at  liberty,  I  should  be  niost  happy  to  do  so.  If  I  demand  his  release,  and 
tliey  fail  to  give  him  up,  I  must  either  batter  the  town  down  or  render  myself 
ridiculous  in  the  eyes  of  the  world,  and  incur  the  displeasure  of  uiy  govern- 
ment, neither  of  which  is  consonant  with  my  present  feelings.  If  Hopkins 
dies,  and  the  Committee  condemn  Judge  Terry  to  death,  I  will  make  an  ef- 
fort to  save  his  life  in  such  a  manner  as  not  to  be  offensive  to  my  fellow- 
citizens.    I  have  the  honor  to  be  your  obedient  servant, 

"  E.  B.  Boutwell,  Commander. 

"Ilis  Excellency  J.  Neely  Johnson,  Governor  of  the  Stale  of  Cali/nrniu." 

Boutwell,  not  satisfied  with  the  somewhat  curt  reply 
of  the  Committee  to  his  letter,  on  the  30th  of  June 
writes  again  reminding  them  of  his  communication  of 
the  28th,  and  requesting  an  answer.  The  committee 
rcj)lied :  "We  have  submitted  the  whole  correspondoiico 
to  your  superior  officer,  Captain  D.  G.  Farragut." 


419 


PREPARATION  FOR  TRIAL. 


I'll 

ii' 


It  will  be  remembered  that  prior  to  the  organization 
of  the  committee  the  Adams  had  been  lying  at  an- 
chor at  Sauzalito;  and  shortly  after  she  came  (ivcr 
and  took  her  station  at  the  foot  of  Sacramento  stieot, 
where  she  menaced  head-quarters,  and  whence  her 
captain  made  no  secret  she  would  take  great  pleasure 
in  shelling  the  town. 

Little  attention  was  paid  at  first  to  this  movement, 
as  the  Committee  had  no  thoughts  of  quarrelling  with 
the  home  government;  when  so  unexpectedly  they 
found  among  their  lodgers  a  justice  of  the  supreme 
court  and  a  United  States  naval  agent,  and  the  com- 
mander of  the  Adams  seemed  every  day  to  grow  nion; 
and  more  belligerent,  the  Committee  deemed  it  prudent 
either  to  yield  obedience  or  to  prepare  for  an  attack. 
As  they  never  were  stronger  than  now,  and  had  never 
for  a  moment  faltered,  they  did  not  hesitate  a  moment 
what  course  to  adopt. 

J.  D.  Farwell  was  at  this  time  chairman  of  the 
marine  committee,  and  as  such  it  devolved  on  him  to 
afford  protection  from  attack  from  the  sea.  Iinnu- 
diatcly  Boutwell  began  to  threaten,  a  meeting  was  held 
and  the  following  course  resolved  on:  The  plan  was 
to  [)lace  in  an  old  hulk  lying  convenient  two  hundred 
vigilant  sharp-shooters,  picked  riflemen;  and  the 
moment  Boutwell  opened  fire,  to  lay  this  vessel  alontr- 
side  his  ship  by  means  of  two  tugs,  the  riflemen  to 
begin  their  shooting  the  moment  they  came  within 
range,  and  as  soon  as  they  reached  the  Adams  to 
jumi>  on  board,  clear  the  deck,  and  take  possession  of 
the  ship.  The  hulk  was  made  ready  to  slip  lier  cable 
and  fasten  to  the  tug-boats  in  an  instant;  the  tut-s 
were  kept  in  readiness  night  and  day  with  steam  uj), 
and  tlie  riflemen  were  waitinsr  ready  at  a  moment's 
notice  at  head-quarters,  so  that  it  was  estnnated  that 
half  an  hour  at  farthest  would  be  ample  tinie  in  which 
to  silence  the  Adams,  should  she  open  fire  at  any  hour 
of  the  night  or  day.     If  by  any  possibility  this  plan 


ATTITUDE  TOW.VRD  THE  FI:D!:UAL  GOVERNMENT. 


413 


should  fail,  floats  were  prepared  with  combustibles  at- 
taclu'd  with  chains  to  swing  with  the  tide,  and  so  drop 
down  upon  the  Ailams. 

AiKJther  plan  was  for  the  committee  to  take  posses- 
sion of  Alcatraz  and  other  forts  in  the  harbor,  and 
bring  their  guns  to  bear  upon  the  Adams  in  case 
her  commander  carried  his  threat  into  execution ;  and 
tlie  generally  expressed  opinion  was  that  had  such  an 
attem[)t  been  made  not  a  man  would  have  been  left 
ali\  e  on  board  the  vessel,  there  being  among  the  eight 
thousand  vigilants  then  under  arms,  many  n)en-(^f- war's 
men  and  naval  officers  accustomed  to  marine  war 
matters,  to  firing  cannon,  boarding  vessels,  and  who 
were  not  afraid  to  make  the  attempt;  and  as  she  un- 
([iiestionably  would  have  been  attacked  on  all  sidt^s  by 
steam-going  craft,  her  chances  of  escape  woukl  have 
been  small. 

'I'he  evil  enthusiasm  of  Boutwell  brought  the  Com- 
mittee into  connnunication  with  Farragut,  who  gave 
the  Committee  to  understand  that  he  disapproved  of 
the  action  of  Boutwell,  and  assured  them  that  so  long 
as  they  continued  in  the  line  at  present  pursued  anti 
indicated,  while  regretting  the  existing  state  itf  affairs, 
he  would  not  molest  them.  Very  properly  he  hoped 
they  would  terminate  their  work  as  speedily  as  pos- 
sible, which  the  Connnittee  assured  him  they  would 
be  only  too  glad  to  do. 

Mr  Coleman  had  long  personal  interviews  both 
with  Farragut  and  with  Wool  in  which  he  explained 
to  them  the  nature,  origin,  and  purpose  of  the  cam- 
jiaign,  and  in  these  interviews  and  ex}»lanations  both 
ottieers  expressed  themselves  well  satisfied  with  the 
integrity  of  the  Connnittee  and  the  necessity  of  their 
(•■nu\se.  Both  deprecated  the  rash  action  of  the  oppo- 
fition,  and  regretted  the  necessity  that  impelled  the 
Committee  into  unknown  depths;  as  officers  their 
])ositions  could  not  be  compromised,  but  as  long  as  it 
lay  in  their  power,  and  so  far  as  their  influence  ex- 
tended, the  federal  government  should  remain  neutral. 


n'' 


414 


PREPARATION  FOR  TRIAL. 


The  great  point  with  these  gentlemen  was  whttlior 
there  was  in  the  movement  anything  of  a  political, 
secession,  or  Pacific-empire  nature,  and  when  satisHod 
that  there  was  nothing  of  this  kind,  no  disloyaltv 
lurking  under  the  guise  of  patriotism,  as  is  too  often 
the  case,  they  were  content  as  to  the  rest,  and  so 
expressed  themselves. 

The  same  day  that  Boutwell's  letter  was  received 
by  tlie  Committee,  Farwell  and  one  or  two  others 
were  despatched  to  Mare  Island  to  see  Farnigut. 
All  the  Steam  Navigation  Company's  boats  were  at 
the  order  of  the  Committee.  Farwell  took  the  lour 
o'clock  up-boat  for  Benicia,  and  ordered  the  down- 
boat  to  wait  for  him  there.  Proceeding  to  ]\Iare 
Island  the  vigilants  found  Farragut  in  bed,  it  being 
by  this  time  about  twelve  o'clock  at  night.  Housing 
him  the  messengers  made  known  their  business. 
They  were  courteously  receivetl,  and  wine  placed  be- 
fore them. 

Farwell  then  explained  the  character  and  purposes 
of  the  vigilance  association,  and  expressed  the  hope 
that  it  might  not  come  in  contact  with  the  federal 
authorities. 

"  Your  navy  agent  arrayed  himself  against  us  with 
arms  upon  the  streets,"  said  Farwell,  '*  and  we  have 
taken  him.  We  do  not  want  him,  and  if  you  think 
the  service  will  suffer,  we  will  let  him  go." 

"  No,  no,"  exclaimed  Farragut,  "  I  don't  think  the 
service  will  suffer." 

"  Boutwell  threatens  to  fire  on  us,"  continued  Far- 
well,  "  and  we  hope  you  will  interpose  your  authority 
to  prevent  it." 

"  Boutwell  shall  hear  from  me,"  was  the  captain's 
reply. 

Captain  Farragut  continued  to  express  sympathy 
with  the  Committee,  although  he  had  but  little  to  say 
about  it.  Farwell  spoke  never  a  word  about  his  old 
hulk,  his  two  hundred  riflemen,  and  his  float  of  com- 
bustibles. 


FAnRAGUT  AND  BOUTWELL. 


418 


Shortly  after  BoutwcU  received  the  following  letter 
from  Farragut: 

"Mare  Island  Navy  Yard,  July  Ist,  I806. 

"Dkar  Sir:  I  yesterday  received  a  communication  from  the  Vigilance 
Committee  enclosing  a  correspondence  between  yourself  and  the  Committee, 
ill  relation  to  the  release  of  Judge  Terry,  and  reciuesting  my  interiwsition. 
Although  I  agree  with  you  in  the  opinions  therein  expressed  in  relation  to 
the  constitutional  points,  I  cannot  agree  that  you  have  any  right  to  interfere 
ill  this  matter,  and  I  so  understood  you  to  think  when  we  parted.  The  con- 
stitution recjuires,  before  any  interference  on  the  part  of  the  general  govern- 
iiiciit,  that  the  legislature  shall  be  convened,  if  possible,  and,  if  it  cannot 
lie  convened,  then  upon  the  application  of  the  executive.  Now,  I  have  seen 
no  reason  why  the  legislature  could  not  have  been  convened  long  since,  yet  it 
has  not  been  done,  nor  has  the  governor  taken  any  steps  that  I  know  of  to 
call  them  together. 

"In  all  cases  within  my  knowledge  the  government  of  the  United  States 
has  been  very  careful  not  to  interfere  with  the  domestic  troubles  of  the 
states,  when  tiiey  were  strictly  domestic,  and  no  collision  was  made  with  tho 
laws  of  tho  United  States,  and  they  have  always  been  studious  in  avoiding 
as  much  as  possible  a  collision  with  state-right  principles.  The  commenta- 
tors Kent  and  Story  agree  that  the  fact  of  the  reference  to  the  president  of 
the  United  States  by  the  legislature  and  executive  of  the  state  is  the  great 
guarantee  of  state  rights. 

"  I  feel  no  disposition  to  interfere  with  your  command,  but  so  long  as  you 
are  within  the  waters  of  my  command,  it  becomes  my  duty  to  restrain  you 
from  doing  anything  to  augment  the  very  great  excitement  in  this  distracted 
community  until  we  receive  instructions  from  the  government.  All  the  facts 
of  the  case  have  been  fully  set  before  the  government  by  both  parties,  and 
wc  must  patiently  await  the  result. 

"  Very  respectfully,  your  obedient  servant, 

"  D.  G.  Farragut,  Commandant  Mare  Island. 

"  Commander  E.  B,  BoutwcU,  commundimj  U.  S.  ship  John  Adams,  Call' 
fornia. 

"P.  S. — We  must  not  act  except  in  case  of  an  overt  act  against  the 
United  States.  Yours,  "D.  G.  F." 


In  answer  to  which  Farragut  received  the  follow- 
ing: 

"U.  S.  Ship  'Jonx  Adams,'        \ 
Off  San  Francisco,  Cal.,  July  2,  I80G.  / 

"My  dear  Sir:  I  have  received  your  letter  of  the  first  instant,  and  as  I 
do  not  wish  to  'augment  the  very  great  excitement  in  this  distressed  com- 
munity' by  my  presence,  I  shall  go  to  sea  as  soon  aa  possible.  I  think  it  due 
to  myself,  however,  to  state,  that  I  considered  my  ship,  after  I  left  the  navy- 
yard  on  Mare  Island,  to  be  under  the  command  of  Commodore  Mervine,  or  I 
should  have  consulted  you  in  regard  to  the  action  I  took  to  obtain  the  release 
of  Judge  Terry,  and  therefore  did  not  mean  to  treat  you  with  any  disrespect; 


410 


PREPARATION  FOR  TRLIL. 


II 


indeed,  I  would  have  done  so  anyhow  if  it  had  been  convenient.  It  is  tni« 
that  we  concurred  at  one  time  in  the  opinion  that  we  ought  to  wait  for  onKi-s 
from  Washington  before  taking  any  part  in  the  San  Francisco  troulilcs;  Imt 
the  fact  of  your  having  consentetl  to  serve  on  a  committee  to  settle  the  contro- 
versy between  tiie  state  authorities  of  California  and  the  Vigilance  Comniittte, 
inducetl  mo  to  believe  tlrnt  your  opinion  on  the  subject  had  undbrgcuib  a 
ciiangc.  In  regard  to  the  interference  of  the  federal  officers,  I  am  uiiubk:  to 
discover  any  difference,  so  far  as  the  doctrine  of  state  right  is  conconiiil, 
between  the  position  of  the  commander  of  the  navy-yard  at  Mare  Island,  who 
acts,  or  consents  to  act,  as  a  commissioner  to  settle  the  terms  of  peace,  luid 
the  commander  of  the  John  Adams,  who  writes  a  letter  to  the  Coinmittct!  of 
Vigilance,  asking  that  the  life  of  an  American  citizen  may  not  be  taktii  in 
haste,  and  that  he  may  Vk)  <lealt  with  according  to  the  laws  of  his  country.  I 
am  a  state-rights  man  myself,  and  therefore  do  not  believe  that  it  is  any  part 
of  the  creed  to  overturn  the  laws  of  the  state,  hang  men  without  a  trial  by 
jury,  and  imprison  a  judge  of  the  supremo  court.  Independent  of  all  this, 
they,  the  committee,  have  interfered  with  the  federal  government  in  anx'sting 
the  navy  agent  of  this  port,  without  legal  authority,  and  in  violation  of  tiie 
dearest  rights  guaranteed  by  the  constitution  of  the  United  States  to  every 
citizen. 

"  In  conclusion,  sir,  I  must  inform  you  that  I  have  been  applied  to  by  the 
governor  of  the  state,  Judye  Terry  the  prisoner  himself,  the  collector  (jf  the 
port,  the  United  States  marshal  of  this  district,  and  appealed  to  by  tlie  (lis- 
tresseil  wife  of  the  judge,  to  interfere  in  this  unhappy  controversy  between 
a  portion  of  the  people  of  .San  Francisco  on  the  one  side,  and  the  state  on  the 
other;  and  what  I  have  done  has  been  dictated  by  humanity,  a  cotiscieutioua 
discharge  of  my  duty,  and  I  am  prepared  to  meet  the  consequences. 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

"  E.  B.  BouTWELL,  Commander." 

No  notice  was  taken  of  this  somewhat  impertinent 
epistle  by  Farragut,  except  that  portion  of  it  threut- 
eninj^  to  put  to  sea,  to  which  reply  was  made  as 
follows : 

"  Make  Island  Navy  Yard,  July  3d,  1856. 
"  Conunander  E.  B.  Boutwell,  Commanding  U.  S.  ship  'John  Adams:' 
"  Sir:  You  will  remain  where  you  are,  until  further  orders  from  me. 
"  Your  obedient  servant, 

"D.  G.  Farragut,  Commaiulant  Mare  Island." 

Up  to  the  time  of  the  arrest  of  the  naval  agent 
Ashe,  Farragut  had  sympathized  with  the  efforts  of 
the  Vigilance  Committee.  But  Ashe  was  a  federal 
official,  and  his  person,  under  whatsoever  circum- 
stances placed,  must  be  regarded  as  sacred  by  federal 
commanders.     No  one  had  any  respect  for  the  gover- 


nor. 

thr: 

<(Ua 

lie 

tone 

dff\ 

his 

of 

l.el 

the 


FARRAGUT  PREVARICATES. 


417 


nor.  Farragut  docs  not  scorn  to  have  been  specially 
iiltascd  with  Johnson,  Sherman,  and  Terry,  and  with 
thcif  attempt  to  draw  General  Wool  into  their 
i|uaii"ls.  He  had  respect  for  the  rd'ormers,  whom 
ho  iK'lievcd  to  be  enf^aged  in  a  good  woik  until  they 
toiicliod  one  of  his  little  federal  idols.  They  might 
(Iffy  the  governor,  and  hang  any  one  who  was  not  of 
ills  fold.  It  made  quite  a  difTcrenco  as  to  the  light 
of  tlic  matter,  whether  the  person  charged  with  bad 
hchavior  was  a  servant  of  the  state  of  California  or  of 
the  United  States. 

Tlie  30th  of  June  Farragut  briefly  reviewed  the 
situation  in  a  letter  to  Dobbin,  secretary  of  the  navy, 
stating  matters  in  the  main  correctly.  Although 
wiittun  nine  days  after  the  affray,  nothing  is  said  of 
the  arrest  of  Terry,  Ashe,  and  "our  old  naval  store- 
koej)er  Maloney."  But  soon  afterward,  nothing  having 
inttrveiied  to  alter  the  situation,  Farragut 's  mind 
sot  ins  to  have  undergone  a  change.  Evidently  he  had 
made  up  his  mind,  as  some  j'ears  later  was  the  ease 
with  re«j:ard  to  fiijhtinLf  for  or  aixainst  his  countrymen, 
that  in  case  of  a  conflict,  right  or  WTong,  he  must  bo 
found  on  the  side  of  the  strongest,  which  unquestion- 
al)ly  would  be  that  of  the  federal  authorities.  There- 
fort;  when  he  again  wrote  Dobbin  the  2d  of  July,  his 
tone  in  speaking  of  the  Vigilance  Committee  had 
somewhat  changed,  and  his  statements  were  not  all 
of  them  correct.  The  correspondence  that  followed 
hot  ween  Farragut,  Dobbin,  and  Boutwell  becomes 
longthy  and  tiresome,  and  as  it  involves  neither  in- 
formation nor  principle  I  will  for  the  most  part  pass  it 
by.  The  statement  regarding  the  capture  of  the 
chivalry  that  "the  Vigilance  Committee  claim  it  to 
1)0  a  successful  revolution"  was  not  true;  and  the  in- 
timations that  Ashe  and  others  were  released  on 
account  of  the  action  or  attitude  assumed  by  the 
^lare  Island  commander  were  equally  erroneous,  the 
Counnittee  acting,  in  fact,  without  greatly  concerning 
themselves  about  him.     The  discharge  of  Ashe  was 

FoF.  Tbib.,  Vol.  U.    27 


418 


PREPARATION  FOR  TRIAL. 


■wliolly  voluntary  on  the  part  of  the  Committc(\  tho 
letter  from  Farragut  requesting  them  to  do  so  not 
being  received  until  after  the  naval  agent  liad  heoii 
set  at  liberty. 

By  the  17th  of  July  the  governnient  party  "arc 
unable  to  resist  the  grossest  outrages  and  excesses 
committed  by  the  vigilance  party."    By  August  f'uars 
were  pretended  lest  the  "associated  mobites,  stvli;iM' 
themselves  a  vigilance  committee,"  should  steal  sonic 
four  millions  of  government  money  then  in  San  Fran- 
cisco.    Farragut  well  knew  that  he  was  misrepresent- 
ing the  Committee  and  their  acts  when  he  wrote  his 
government:  "These  people  have  been  running  riot, 
and  setting  all  law  and  the  constitution  at  defiance, 
and  I  did  not  know  at  what  moment  they  would  soI/a' 
the  money  at  the  branch  mint.    The  history  of  nearly 
all  revolutionary  movements  shows  such  to  be  tho  re- 
sult the  moment  the  canaille  get  the  upper  haml." 
Farwell,  and  Case,  and  Coleman,  Farragut  had  soiii 
and  corresponded  with  on   the   subject.     He   knew 
them,   their   past   lives   and   their   present   purpose. 
Does  he  really  believe  that  they,  with  Tillingliast, 
Seligman,   Brittan,   Goddard,   Hale,  Meyer,  Tubhs. 
Wallace,  Titcomb,  Rogers,  Osgood,  Hutchins,  and  tlif 
rest,  will   fill   their  pockets  at  the  mint,  or  pmniit 
others  to  do  so?     Are  they  fair  and  manly  words 
which  place  such  men  as  Sclliy,  Flint,  Baker,  Penroe. 
Vail,    Hubbell,  Grisar,    Taylor,    Badger,    Sheppaid, 
Webb,  David,  with  half  the  other  respectable  mer- 
chants, and  bankers,  and  mechanics  of  San  Francisco, 
in  the  category  o^ canaille? 


CHAPTER  XXIV. 

THE  PRISONER  AND  THE  INVALID. 

Oq  which  side  yoa  please;  I  hear  you. 

Rabelais. 

Egoism  and  patriotism  are  close  akin,  the  one  being 
for  one's  self  and  the  other  for  one's  country.  Both 
arc  of  divers  phases,  and  may  be  admirable  or  dctest- 
al)le.  There  is  little  apart  from  selfishness  in  gods  or 
imn;  but  there  are  some  species  of  selfishness  which 
;uv  less  unlovely  than  others;  indeed,  there  is  a  sclf- 
isliiioss  so  refined  as  to  be  taken  for  the  most  exalted 
f^^lf-dcnial.  Love  and  self-sacrifice  are  one  form  of 
egoism;  hate  and  the  sacrifice  of  others  are  another 
fiiriii. 

There  have  been  instances  where  men  have  appar- 
ently loved  their  country  more  than  themselves;  that 
is,  where  they  would  forego  wealth,  power,  fiime,  if 
thereby  the}''  could  the  more  fully  benefit  their  country. 
Jjiit  with  most  men  it  is  found  far  easier  to  sacrifice 
others  to  their  country  than  themselves.  Whatever 
v.c  or  our  country  may  be,  we  must  uphold  that  right 
01-  wrong,  and  that  is  self-respect  and  patriotism. 
The  patriotism  of  an  opponent  is  a  patriotism  which 
has  not  one  redeeming  trait,  being  a  subterfuge,  a 
trade,  a  means  of  self-exaltation. 

The  egoism  and  patriotism  of  David  S.  Terry  were 
not  of  this  base  order.  He  did  not  love  himself  to 
the  hatred  of  all  other  men;  he  had  a  host  of  friends, 
for  almost  any  one  of  whom  he  would  risk  his  life. 
He  did  not  love  himself  so  far  as  to  desire  the  su- 
premest  blessings  and  benefits  for  himself,  the  next 

(419) 


HI 


420 


THE  PRISONER  AND  THE  INVALH). 


best  for  his  friends,  and  for  his  enemies  none  at  all. 
Whatever  may  be  said  with  regard  to  his  enemies,  ho 
always  had  friends  whom,  so  far  as  lay  in  his  jjowt  r^ 
ho  preferred  in  honor  and  profit  to  his  own  inturest>>. 
]']lsowhere  ho  preferred  himself. 

Nor  were  his  egoism  and  patriotism  of  the  hinliest 
order.  His  hn'cs  and  hates  were  tensely  strung;,  so 
as  to  subordinate  reason  and  the  nobler  instincts  »[' 
the  mind  wherever  were  touched  the  objects  of  his 
Solicitude.  In  the  presence  of  his  friends  his  sclf- 
I'ogard  blazed  into  a  fiery  tenderness  for  them;  and 
tiiis  love  he  lavished  on  all  born  beneath  his  native 
ekics,  on  all  who  saw  as  he  saw,  who  entertained  the 
same  ideas  of  manhood,  and  translated  honor  and 
nobility  of  nature  out  of  the  same  vehement  loxlron. 

Turning  to  the  history  of  Texas,  we  find  no  men  on 
earth  more  brave,  high-spirited,  and  chivalrous  than 
tliose  who  fought  out,  first  secession  from  Mexico,  ami 
tlicn  independence,  and  a  proper  place  in  the  great  re- 
public. There  was  everything  about  the  conditinns 
and  environment,  political  and  material,  of  the  early 
settlers  in  Texas  from  the  United  States  to  make 
them  strong  lovers  of  country.  Houston,  Austin,  and 
t\\r  rest  were  not  always  right,  but  they  were  gcncr- 
ally  so,  and  were  always  found  battling  for  what  tin y 
deemed  the  best  interests  of  a  new  and  independent 
commonwealth.  And  this  was  not  so  very  long  a^^i*; 
and  there  was  not  a  Texan  living;  in  185G  on  whoso 
ciiaracter  tlie  early  exploits  of  their  countr3'"men  \m  re 
not  visibly  stamped.  Look  at  Jack  Hays,  the  Texan 
Hanger;  brilliant,  fiery,  fearless,  but  not  more  fearless 
and  fiery  then  Terry,  who  likewise  possessed  marked 
t  iliMits  as  a  jurist.  Many  old  Californians  will  ii  - 
member  Colonel  Gift,  a  jovial  southerner,  skilled  in 
blasphemy,  the  very  counterpart  of  the  psalm-sin^ing 
Yankee.  Hays  was  a  prominent  politician  as  well  as 
warrior;  Terry's  physical  courage  was  in  no  wa}'  be- 
hind his  mental  ability.  It  was  remarkable,  the  in- 
tensity of  his  nature  in  every  direction;  hence  it  is  no 


SECTIONAL  MEN  AND  PRINCIPLES. 


421 


wonder  that  when  the  bent  of  such  a  mind  took  a  ccr- 
taiu  (.luvction,  right  or  wrong,  on  any  giv^cn  proposi- 
tion, it  would  follow  that  line  to  the  end,  though 
destruction  and  death  stood  in  the  way. 

\\\'  can  easily  understand  how,  to  these  chivalrous 
southerners,  the  northern  men  of  merchandise,  with 
tht  ir  piim  and  puritanical  ways,  were  at  times  exceed- 
ingly distasteful.  Besides  the  prejudices  of  class  and 
country,  the  question  of  slavery  was  then  at  its  hot- 
tc>t,  and  entered  into  most  of  the  measures  of  tlie  day, 
permitting  few  permanent  friendships  between  persons 
from  the  two  different  sections.  Like  the  chivalry  of 
Spain,  and  the  upper  class  of  all  countries  where  en- 
force d  labor  is  common,  the  southern  gentleman  looked 
down  upon  work,  even  shop-keeping  being  [daced  by 
liini  ill  that  category.  He  might  own  lands  and  ne- 
uroes,  raise  cotton,  tobacco,  and  hogs;  but  to  manu- 
Ihcture  cloth  from  the  cotton,  to  peddle  out  the  tobacco, 
01'  cut  up  and  smoke  the  swine- — those  were  occupations 
more  belitting  the  white  trash,  whether  of  the  sou::h 
or  north.  Thus  we  see  how  differently  sucli  men  must 
ever  be  regarded  by  those  who  view  them  from  dilfer- 
ent  standpoints. 

lie  was  not  sordid ;  he  could  not  lov(3  gold  strongly ; 
while  so  fully  absorbed  by  one  passion,  it  was  impos- 
sible for  him  hospitably  to  entertain  all  the  <)th<  r  pas- 
sions. His  intellect  was  subtile  as  well  as  broad  and 
sohd,  yet  its  subtility  was  tinctured  by  the  same  preju- 
dice wliich  discolored  all  other  objects.  He  was  a  kind 
liusband,  a  good  father,  and  an  honest  man.  He  was 
ml)aed  with  a  chivalrous  sense  of  honor,  but  in  his 
mind  chivalry  and  honor  were  in  their  nature,  as  from 
ii  northern  standpoint,  niisconstrued.  The  essential 
and  fundamental  qualities  of  both  in  the  eyes  of  the 
'i;u()u-venders  were  lacking.  Chivalry,  they  claimed, 
he  placed  before  humanity,  and  honor  before  justice. 
1 1  is  nature  was  more  than  ordhiarily  line,  but  his  mind 
liad  been  early  deflected  by  environment.  Take  at 
that  day  a  southern  man  with  southern  principles. 


!  ;i 


•  t 


422 


THE  PRISONER  AND  THE  INVALID. 


M 


place  bira  in  antagonism  with  northern  men  and  north- 
ern principles,  let  him  have  withal  a  love  of  slavery, 
of  feuclalistic  force  and  mortal  arbitrament  in  the  de- 
termining of  differences,  surround  him  with  an  atuios- 
pbcre  of  flaming  love  of  self,  of  kindred,  friends,  and 
countrv,  of  stronyj  dislike  toward  things  foreifni,  cs- 
pecially  if  encountered  in  opposition  to  preconceived 
notions  of  manliness  and  honorable  bearing ;  cast  such 
a  character  loose  in  California  in  the  days  of  the  In- 
ferno, give  it  boon  companions,  flatterers;  give  it  po- 
sition, influence,  generous  wine,  and  fair  women — and 
you  have  a  strong  partisan,  a  man  of  honor  and  intt  <,'- 
rity  among  sympathizing  friends;  while  among  cneniios 
it  was  impossible  to  foresee  what  at  any  moment  mii^ht 
happen.  It  is  a  character  glaring  with  inconsistencies 
and  contradictions,  a  character  which  must  needs 
gratify  all  its  own  law-breaking  propensities,  but  denies 
under  the  statute  any  such  right  to  others. 

There  must  have  been  much  that  was  good  in  Judi^o 
Terry  to  have  made  him  so  many  warm  friends.  But 
we  must  remember  that  at  that  time  he  was  the  cham- 
pion of  a  party,  the  represeritative  of  a  powerful  elic[;ie, 
whose  instincts  were,  like  his,  displaying  themselves 
b}' like  exploits.  Ashe  and  Terry  in  1846  had  been 
privates  in  Bellow's  company  of  mounted  rangers, 
under  the  command  of  Hays,  of  Taylor's  division. 
'•I  know,"  says  Ashe  in  his  testimony  at  the  trial, 
"  that  as  a  soldier  and  a  patriot  he  has  not  his  superior, 
aiul  that  as  a  citizen  his  characteristics  are  a  love  of 
equity,  and  a  warm,  kind,  generous  heart."  He  wis 
proud  and  haughty  in  the  presence  of  strangers.  In 
the  Blues'  armory,  just  previous  to  his  surrender,  wlien 
Ashe  assured  him  of  his  friendship,  pledging  hinis(  If 
to  stand  by  him  and  fight  it  out,  it  is  said  that  Tei  ly 
burst  into  tears,  and  said:  "No;  I  hate  to  surrender 
to  a  mob,  but  I  have  acted  only  in  self-defence." 

As  one  among  a  thousand  who  had  a  clear  opinion 
on  the  subject,  I  may  mention  Edward  F.  Nortliani. 
Mr  Northam  was  a  native  of  Newport,  Bhode  Islunth 


CONDITIONS  AND  CHARACTERISTICS. 


4Sft 


His  father  was  active  as  one  of  the  merchants  and 
ship-owners  of  that  town  when  it  ranked  but  third  in 
iin[)ortance  among  American  ports.  Naturally,  when 
Mr  Northam  came  to  California  he  engaged  in  busi- 
ness, and  when  crime  got  the  upper  hand,  ho  was 
active  in  putting  it  down.  "  Talk  about  the  legality 
of  tlie  acts  of  the  Vigilance  Committee,"  says  Mr 
Xortham ;  "  was  the  Declaration  of  Independence  a 
lei^al  document  ?  Were  Luther's  theses  orthodox  ? 
Plow  many  of  the  great  reforms,  reformations,  and 
revolutions  of  the  world  which  have  delivered  man- 
kind from  the  power  of  evil  have  been  legal  ? " 

Of  one  of  the  judges  of  the  high  court  of  California, 
the  Nevada  Journal  of  the  1  Itli  of  July  writes : 

"Foremost  among  the  evils  brought  to  light  by  the  researchea  of  the  Vigil- 
anoo  Committee,  is  one  which  the  community  appears  to  liave  lost  sight  of  iu 
till'  liot  pursuit  of  election  frauds  and  kindred  iniquities.  An  evil,  too,  the 
iiiayiiitudc  of  which  would  hardly  be  appreciated  at  first  glance,  but  which 
goes  more  directly  to  the  foundation  of  society  than  any  of  those  ofFences 
which  have  called  down  the  just  indignation  of  the  people.  We  refer  to  tiic 
oliiir,i.'(!  of  favoritism  as  urged  against  our  highest  judiciary. 

"In  tliis  tribunal  an<l  its  integrity,  the  public  look  for  those  enunciations 
of  liiw  and  declarations  of  principles  iu  which  society  originated,  by  wliicli 
riglits  a,  aintained  and  wrongs  redressed.  Iu  these,  the  precedents  estab- 
lished L\  i*ast  wisdom,  we  have  tiie  guiding  star  for  the  jurist  of  the  present, 
ami  that  certainty  of  the  law  which  best  secures  the  safety  of  citizens. 

"Itiit  when  the  expounder  of  this  law,  raised  as  ho  of  necessity  must  be 
frmii  the  people,  caiTies  upon  the  bench  the  prejudices  of  the  man;  whenever 
justke  stoops  to  recognize  either  in  favor  or  enmity  to  the  advocate,  or 
^^oigh.s  iu  the  scales  aught  but  law,  there  is  danger  for  the  people  and  shame 
lur  the  bench. 

"Thus  perverted,  we  can  easily  imagine  such  a  state  of  affairs,  and  eijual- 
ly  foresee  its  disastrous  results.  We  can  fancy  a  judge,  surrounded  by  syco- 
lihaiitsan<l  flatterers,  playing  the  wet-nurse  to  scores  of  legal  bantlings,  wlioao 
ciily  merit  is  their  slavish  subservience,  and  wlioso  fulsome  adulations  ai'o 
llic  food  of  their  idol.  And  rewarded  by  the  fostering  care  of  the  bench  we 
call  picture  these  men  crawling  from  beneath  that  ermiue,  which,  adding 
iiuthiirity  to  ignorance,  and  concealing  neither,  is  itself  disgraced.  We  can 
fancy  these  legal  parasites,  playing  before  tlie  world  upon  tliotj  weaknesses 
whirh  intimacy  lias  revealed  or  conlidenco  acknowledged,  while  '•eul  merit 
ami  ability  stand  distanced  in  tlio  race  whei'e  personal  considerations  out- 
weigh justice.  Wo  can  see  precedent  distorted  or  disregarded,  in  order  to 
raise  some  pygniy  or  crusii  some  man,  from  enmity  to  its  advocate,  and 
wrong  cxultingly  vindicated  from  a  sickly  fondness  for  its  apologist. 

"^\'llerc  such  a  state  of  afliiirs  exists  we  can  see  no  end  to  the  mischief 
wlucii  must  follow  in  its  train.    If  justice  cannot  maintain  itself  upon  its  owa 


424 


THE  PRISONER  AND  THE  INVALID. 


high  merits,  it  must  bo  purchased  through  its  familiar,  and  its  suitor  must 
approach  tlio  bench  as  do  tlic  subjects  of  eastern  despotism  the  throne  of  t !io 
monarch,  through  some  effeminate  eunuch  who  ministers  to  the  pleasuns  ;\uil 
pampers  the  folly  of  the  tyrant.  By  tlio  side  of  this  monster  curse  lesser 
evils  dwindle  away.  An  imbecile  executive  we  can  endure.  Senseless  legis- 
lation can  be  remedied.  But  when,  to  the  ignorance  of  the  framers  (if  our 
law  «,  we  add  corruption  ia  its  expounders  and  pets  in  its  practice,  tin;  maiu 
pillar  in  our  governmental  fabric  is  rotten,  the  rights  and  security  of  tliu  citi- 
zen are  lost,  and  the  state  totters  upon  the  verge  of  ruin." 

^Iis  Terry  was  in  Sacramento  at  the  time  of  her 
husband's  arrest.  As  soon  as  she  learned  of  the  un- 
lortuiiatc  affray  she  came  to  San  Francisco,  and  pro- 
ceeded to  the  Committee  rooms.  She  was  at  oik  (3 
uduiitted  and  treated  with  every  courtesy.  She  was 
of  a  courage  no  less  proud  and  fiery  than  that  oi'  Iwv 
husband.  Efforts  had  been  made  to  induce  the  justii'3 
to  resign  his  seat  upon  the  supreme  bench,  and  Hop- 
kins' pulse  had  much  to  do  with  his  in  the  mattci-. 
When  Hopkins  was  low  Terry  would  resign;  wluu 
li()|)kins  was  up  Terry  would  "see  the  pork-sellers 
damned  first."  Sitting  one  day  in  her  husband's  cell, 
she  said  to  him:  "Judge  Terry,  I  would  rather  sec 
you  hanged  from  one  of  those  windows  than  to  know 
you  were  compelled  to  resign  your  official  position  I " 

A  letter  from  Mrs  Terry  addressed  to  the  public 
appejired  in  the  Herald  of  July  2d.  In  it  she  coni- 
])lains  of  having  been  refused  access  to  the  room  of 
her  liusband,  and  of  the  privilege  of  writing  him  pri- 
vatelv.  The  reason  she  assigns  I  will  allow  her  to 
state  in  her  own  words:  "I  may  mistake,  but  I  be- 
lieve 1  am  denied  the  happiness  of  seeing  my  husband, 
that  my  feelings  may  be  so  agonized  that  I  shall  bo 
willinGT  to  entreat  hiin  to  resiijn  the  office  to  M'hicli 
the  voice  of  his  fellow-citizens  called  him.  I  cannot 
tempt  him  to  dishonor.  I  know  my  husband  too  \\v\i 
to  suppose  that  any  influence  would  induce  hiin  to 
betray  a  trust  ccmfided  to  his  care.  He  may  err  in 
his  zeal  in  defending  that  trust,  but  he  cannot  be 
coerced  into  resiornin*;  it.  At  the  same  time  I  know 
him  well  enough  to  believe  that  if  a  majority  of  tha 


TREATMENT  OF  TERRY. 


48S 


pco]ilo  of  California  desire  to  recall  the  trust  with 
wliicli  they  have  honored  him,  he  will  yield  a  prompt 
ac'({uiescence  to  such  a  wish,  provided  it  be  expressed 
ill  ;i  way  sufficiently  clear  to  satisfy  reasonable  men 
tliat  it  is  the  will  of  the  majority  of  the  whole  people." 

The  fact  is,  Mrs  Terry  was  treated  by  the  Com- 
luitteo  as  a  lady  and  as  an  afflicted  wife,  with  the  ut- 
iiidst  politeness,  and  with  the  kindest  consideration. 
]'\)r  a  time  she  was  permitted  to  visit  and  remain 
with  licr  husband  as  much  as  she  pleased,  but  free 
iiiid  continued  ingress  and  egress  were  deemed  unsafe 
hy  the  Committee,  in  view  of  the  determined  char- 
act(  r  of  the  man,  and  the  constant  efforts  of  his 
friends  to  effect  his  escape.  Her  insinuation  that 
tlu'  ( 'oiiimittee  sought  by  adding  unnecessarily  to  her 
sutfcriiigs,  to  effect  the  resignation  of  her  husband, 
wo  may  excuse.  The  Committee,  however,  were  not 
desirous  of  forcing  his  resignation  in  any  way.  In  the 
first  place,  once  liberated  he  could  claim  that  such  an 
act  under  coercion  was  illegal,  anc  so  retain  his  seat ; 
and  in  the  second  place,  they  could  treat  him  as  tliey 
did  other  captives  if  they  thought  fit — hang  him  if  his 
victim  died,  and  banish  him  from  the  country  if  ho 
lived.  I  fail  to  see  that  it  was  a  matter  of  much  con- 
sc(|Uonce  to  them  whether  he  resigned  or  not. 

J  )uring  the  whole  period  of  his  confinement  Judge 
Tcny  was  treated  with  every  courtesy  and  fairness 
l»y  the  Committee.  All  reasonable  requests  were 
giantod.  The  day  after  his  arrest  Judge  Thornton 
and  ]\rr  Crittenden  were  permitted  to  see  and  converse 
Avit  h  liim  for  a  few  minutes  in  the  presence  of  Messrs 
Anington  and  Truett  of  the  Committee;  IMrs  Terry 
was  a(hnitted  without  escort  bey<md  his  door.  Ho 
Mas  I'ogarded  as  a  high  state  prisoner;  his  late  olHt-ial 
position  M'as  never  for  a  moment  forgotten;  neither 
was  the  duty  of  the  Executive  to  themselves  and  U) 
ilie  people.  The  prisoner  was  permitted  to  see  his 
friends  and  family  until  after  trial  began,  and  until 
after  threats  to  rescue  him  were  freely  bandied,  and 


426 


THE  PRISONER  AND  THE  INVAUD. 


from  that  time  the  Committee  deemed  it  incumlxnt 
on  them  to  deny  even  Mrs  Terry  access  to  his  cell. 
Tlie  person  of  Mr  Terry  was  searched  by  the  police 
after  the  visits  of  Mrs  Terry,  that  no  weapons  or 
other  implements  might  be  left  in  his  hands. 

"  It  is  said,"  remarks  the  Alta  of  June  25th,  "  that 
Terry  is  greatly  affected  by  the  position  he  now 
occupies,  and  deeply  regrets  the  causes  that  led  to  his 
incarceration.  The  narrow  compass  of  his  duni^xon, 
and  the  close  proximity  of  a  number  of  armed  soldiors, 
are  not  calculated  to  give  one  of  his  proud,  spiritucl 
feeling  very  agreeable  sensations.  His  confincuiuiit 
will  furnish  him  an  opportunity  for  mature  reflection 
upon  his  unjustifiable  course  for  the  last  month,  and 
doubtless  will  cause  him  to  regret  the  unwise  step  ho 
lias  taken.  Great  stress  is  placed  upon  the  fact  that 
he  may  have  been  assaulted  first  by  Mr  Hopkins  he- 
fore  he  gave  the  deadly  blow  to  his  victim,  and  tor 
this  reason  his  friends  claim  that  he  is  guiltless.  It 
should  be  remembered  that  his  offence  does  not  con- 
sist merely  in  the  attack  upon  Mr  Hopkins,  but  he 
is  justly  censured  and  properly  held  responsible  not 
only  for  the  blood  of  Hopkins,  but  his  continued  and 
uncalled  for  warfare  upon  the  Committee,  the  issuance 
of  the  worthless  but  mischief-making  proclamation, 
as  well  as  the  illegal  writ  of  habeas  corpus,  and  the 
collection  of  arms  in  our  midst,  to  be  used  against 
those  who  oppose  his  will.  These  acts,  as  well  as  his 
continual  presence  in  this  city,  ready  to  encourage  and 
bring  on  a  collision  between  the  parties,  are  charge- 
able to  him,  and  for  which  he  will  be  held  responsible. 
It  was  rumored  last  evening  and  generally  believed 
by  his  friends,  that  Judge  Terry  would  in  all  pn)b- 
ability  tender  his  resignation  as  associate  justice  of 
the  supreme  court,  during  the  night.  We  trust  this 
rumor  is  not  without  some  foundation,  as  it  must  be 
evident  to  all  that  he  can  never  exercise  the  functions 
of  his  office  again  to  the  satisfaction  of  the  people  of 
the  state.     Ho  has  already  forfeited  his  moral  right 


TERRY'S  CRITICAL  CONDITION. 


427 


to  tlic  office,  and  the  sooner  he  lays  aside  the  judicial 
robes  the  better  it  will  be.  It  cannot  be  supposed, 
])()\vever,  that  this  step  can  have  any  influence  upon 
tlio  action  of  those  who  now  hold  him  in  custody. 
Ifo  will  be  tried  upon  the  merits  or  demerits  of  his 
ciimiual  conduct,  regardless  of  any  and  all  official 
honors.  It  was  also  said  that  his  friends  had  pledged 
that  if  released  now,  he  would  leave  the  state  volun- 
tarily; but  little  credence  could  be  given  to  this 
j))'o[)osition." 

"  The  difficulty  at  San  Francisco  is  approaching  a 
crisis,"  says  the  Nevada  Journal  of  June  27tli. 
"From  gentlemen  who  have  just  returned  from  the 
l)av,we  learn  that  the  Vigilance  Committee  are  sorely 
tried.  Their  moral  courage  and  integrity  are  put  to 
tlio  fullest  test.  It  is  undeniable  that  the  outside 
pressure  is  almost  overwhelming.  The  passions  of 
the  crowd  are  excited  and  demand  blood  to  appease 
them.  The  life  of  Judge  Terry  is  represented  as 
hanging  by  a  single  hair.  Outsiders  are  clamorous 
for  his  execution.  If  the  Vigilance  Committee  stand 
v.\)  against  the  storm  which  now  beats  around  theiu, 
and  deal  out  impartial  justice,  unawed  by  the  official 
station  of  their  prisoner,  or  the  danger  from  an  infuri- 
ated populace,  they  will  become  the  heroes  of  the  dixy. 
Thus  far,  all  is  well.  In  them  the  people  have  un- 
limited confidence.  They  must  not  prove  false  to  the 
trust  reposed  in  them.  The  good  sense  and  modera- 
tion of  the  whole  state  is  invoked  in  this  emergency. 
San  Francisco  rests  upon  a  mine  to  which  Governor 
J<  )hnson  and  his  demoniac  crew  are  anxious  to  apply  the 
torch.  Why  cannot  some  of  the  presses  of  the  unhappy 
city  be  more  mild,  more  rational,  and  more  soothing  in 
1 1  loir  appeals  to  an  excited  populace ?  They  arc  addi ng 
vim  to  the  whirlwind  instead  of  tempering  the  elementfc^. 
^Moderation  on  both  sides  would  soon  restore  order  to 
its  wonted  channels  once  again,  which  is  a  consunnna- 
tion  devoutly  to  be  wished.  The  public  mind  has  been 
IcNerish  long  enough  and  needs  repose." 


428 


THE  PRISONF.R  AND  THE  INVALID, 


Had  Hopkins  been  king  of  America  he  could  not 
have  been  better  attended.  For  upon  his  Hviiii;-  <ir 
dying  hinged  much;  more  than  the  hfe  of  Ttiiy 
hingcd  upon  it,  for  that  were  not  mucli.  The  Vii^ii- 
ance  Committee,  from  the  assumption  of  doul>tt'al 
])owers,  might  have  been  led  into  excesses,  ami  >«» 
brought  to  shipwreck.  Broderick would  have  reiuaiiu  tl 
longer  in  the  flesh  had  Hopkins  died.  But  Tciiy  <li(l 
not  want  him  to  die,  nor  Terry's  friends,  neither  did 
the  Committee,  nor  yet  Hopkins,  though  Ho[»kiii,s 
for  a  consideration  would  have  remitted  Terry's  pun- 
ishment, and  Hopkins'  wife  and  mother  for  a  consid- 
eration, peradventure,  would  not  mourn  their  lives 
away  had  Hopkins  died.  Better  to  be  a  rich  widow 
than  a  poor  wife. 

A  Committee  was  appointed  to  take  charge  of  the 
invalid  that  he  should  not  die.  The  house  of  the 
Pennsylvania  Engine  Company,  number  twelve,  was 
furnished  fit  for  royalty.  The  carriages  were  takiu 
out,  beds  and  carpets  spread,  and  all  the  comforts  and 
conveniences  of  the  sick-room  arranged.  The  street 
was  closed,  the  sidewalk  nmffled,  and  guards  marched 
solemnly  to  and  fro.  But  however  careful  the  vinil- 
ants  were  of  Hopkins'  life,  the  men  of  law  and  order 
were  infinitely  more  so.  Says  Dr  Cole,  who  had  entire 
charge  not  only  of  the  case  but  of  the  premises  and 
the  officers  in  attendance:  "So  great  was  the  interest 
felt  in  Judge  Terry's  fate  by  his  friends  in  every  part  of 
the  state,  that  I  was  hourly  in  receipt  of  telegrams  from 
medical  men  and  laymen  from  every  quarter,  particu- 
larly from  Stockton, inquiring  as  to  Hopkins'  condition, 
and  the  probable  result  of  the  case ;  and  I  know  that 
there  was  an  organization  brought  into  existence  aft  .r 
the  stabbing  of  Hopkins,  composed  of  the  friends  t»t' 
Judge  Terry  who  were  sworn  in  the  event  of  Hop- 
kins' death  to  take  my  life,  under  the  conviction  that 
I  was  the  employe  of  the  Vigilance  Committee,  and 
that  in  order  to  establish  a  precedent  and  principle 
from   the   Committee's   standpoint  I  would  sacrifice 


A  SORRY  HERO. 

the  life  of  Hopkins."  Instead  of  the  Committee  de- 
siriiiLj  Hopkins'  death,  Cole  goes  on  to  say:  "I  was 
daily  visited  by  the  several  members  of  the  execu- 
tive committee,  and  on  every  interview  with  thcni 
tlie  oreatest  possible  anxiety  was  expressed  in  that 
direction,  each  seeming  to  recognize  the  magnitude 
and  importance  of  a  result  which  it  was  desirable  by 
every  possible  means  to  avert." 

])r  Cole  was  called  before  the  Executive  for  his 
o|)inion  upon  the  condition  of  Hopkins.  He  informed 
the  Committee  that  the  wound  would  have  proved 
fatal  in  five  minutes  but  for  the  operation,  and  that 
the  critical  period  would  be  from  the  third  day  to  the 
twelfth  day. 

The  law  and  order  men  seemed  fully  to  realize  the 
importance  of  Hopkins'  recovery.  "I  will  give  you 
tell  thousand  dollars  to  save  that  man's  life,"  said  a 
friend  of  Terry's  to  Dr  Cole  on  one  occasion,  while 
the  invalid  was  bcjjinninjj  to  convalesce.  Durinij 
1  [opkins'  illness  a  bulletin  of  his  condition  was  posted 
daily,  round  which  eagerly  crowded  alike  friends  and 
foes. 

The  uncertainty  of  Hopkins'  recovery,  the  efforts 
of  Terry's  'friends,  and  pressing  duties  of  the  Exec- 
utive greatly  retarded  the  trial.  Both  sides  seemed 
l)ackward  about  brinjjinsj  it  to  a  termination.  The 
Conmiittee  did  not  wish  to  hang  or  banish  the  justice 
of  the  supreme  court,  and  the  justice  did  not  wish  to 
bo  hanged  or  banished.  It  was  a  business  distasteful 
to  both  sides. 

The  5th  of  July  the  American  Theatre  Company 
tendered  Hopkins  a  benefit  while  upon  liis  sick-bed. 
About  the  coolest  incident  of  this  trial  was  his  ap- 
pearance in  person  before  the  Executive  on  the  5th 
of  August,  asking  an  interview  with  Terry  for  the 
purpose  of  arranging  the  whole  matter  on  a  money 
basis !  It  is  unnecessary  to  say  that  the  application 
of  ;Mr  Hopkins  was  denied.  Subsequently  he  applied 
to  the  Committee  for  relief. 


430 


THE  PRISONER  AND  THE  INVALID. 


Judge  D.  O.  Shattuck  of  tlic  superior  court,  a  jiiirc 
aiul  upriglit  man,  whose  integrity  neither  party  «;ill«(l 
in  question, thus  sums  up  a  lengthy  argument  in  tin  case 
of  Judge  Terry,  publislied  in  the  journals  of  June  *J7ili: 

"If  my  reasoning  is  correct  it  hiia  (leinonstratcd  two  things:  first,  th.it  in 
the  C!i8o  of  the  deiith  of  Hopkins,  which  Gml  in  his  mercy  prevent,  .Imlgo 
Terry  is  not  guilty  of  murder,  for  the  ulovv  v/as  not  struck  f('loni()ii>ly  an.l 
with  malice  aforethought;  secondly,  that  we  arc  in  a  state  of  war,  that  iliero 
was  a  legal  armed  force  organized  against  tlie  Committee,  that  a  imiti.pn  of 
that  legal  armed  organization,  with  which  Judge  Terry  was  at  that  tiiiu  lnw- 
fully  acting,  was  set  upon  by  a  squad  of  the  forces  of  the  Committee,  inn  I  in 
tliat  collision  of  forces  the  blow  was  struck,  and  therefore  if  death,  it  i.i  cuu- 
sidcred  as  the  fato  of  war,  and  not  individual  crime." 

This  is  by  far  the  fairest  opinion  delivered  in  the 
extenuation  of  Terry's  guilt.  Judge  Shattuek  Mas  an 
able  jurist,  and  honest  in  every  word  he  said,  yd  it 
seems  to  me  he  begs  the  whole  question.  The  Ai^il- 
aiice  Conmiittee  was  organized  for  the  very  puijioso 
of  setting  aside  such  legal  technicalities  as  "felonidusly 
struck  "  and  "  malice  aforethought."  Perhaps  Tc  riy 
did  not  mean  to  kill  Hopkins.  It  is  difficult  to  .<;iy 
what  he  meant  to  do.  But  without  a  legal  ojtiniou 
from  a  learned  judge,  any  of  us  may  know  that  if 
Judge  Terry  had  been  exceedingly  anxious  to  sii\c 
Hopkins'  life  he  would  have  kept  that  knife  out  of 
his  neck.  It  was  for  this,  I  say,  that  the  Vigihinco 
Committee  organized,  to  prevent  men  of  violence  from 
shieldinfj  themselves  under  the  broad  coveriuij  of  leual 
technicalities. 

As  for  the  other  excuse,  that  the  country  was  in  a 
state  of  war,  in  the  ordinary  meaning  of  the  term,  it 
was  not  true.  In  one  sense  there  was  war  between  the 
community  and  crime,  there  was  no  war  between  the 
people  and  the  state.  The  proposition  is  a  fallacy 
on  the  face  of  it.  Johnson's  proclamation,  unless  it 
were  technically  in  accordance  with  such  legal  shifts 
and  subterfuges  as  this  Committee  do  not  recognize, 
does  not  make  war.  If  the  authorities  would  attend 
to  their  own  aflfairs,  and  let  the  people  in  their  sever- 


JUDGE  SHATTUCK. 


431 


ciirn  authority  exorcise  their  sovcrcisfn  will  as  tliey 
li;i(l  tho  right  to  do  in  their  work  of  exterminating 
ivuno,  there  would  have  been  no  trouble.  The  pcoplo 
wen-  the  master,  and  not  Johnson.  The  only  logical 
(Icdiiction  from  Judge  Shattuck's  line  of  argument 
would  bo  that  the  people  of  San  Francisco — and  in- 
deed you  may  say  of  California,  for  nine  tenths  of  tho 
j)ioplo  of  the  state  were  on  that  side — had  declared 
w'lw  against  themselves,  were  in  open  revolt  against 
tliiinscives,  and  were  fighting  themselves,  which  rea- 
soning is  simply  reductio  ad  ahsurditm.  It  wouUl 
sccni  tliat  a  jurist  can  no  more  follow  a  train  of  rea- 
sDuing  without  marshalling  to  his  support  statutes, 
foinis,  and  constitutions,  than  a  religionist  can  let  ily 
liis  thoughts  unhampered  by  creeds  and  written  reve- 
l;iti(ins. 

Judge  Shattuck's  paper  on  the  whole  is  a  singular 
document.  Being  lengthy,  and  tho  salient  points 
ah(  ady  given,  it  is  not  necessary  here  to  reproduce;  it. 
1 1  was  only  one  out  of  hundreds  by  able  jurists  and 
w  1  iters  who  took  up  their  pens  as  champions  for  one 
side  or  the  other.  This  of  Judge  Shattuck's  com- 
niiinded  more  attention  than  almost  any  other,  not 
that  it  was  the  most  able,  but  from  the  general  rc- 
>^\)v(-i  entertained  for  the  author.  Judge  Shattuck 
was  known  to  be  an  honest  man,  was  known  to  be 
ineajiable  of  uttering  other  than  his  candid  views,  and 
Mas  known  to  be  no  hot-headed  partisan.  His  ob- 
ject was  to  throw  oil  upon  the  troubled  waters,  to 
( ahii  tlic  public  mind,  and  to  save  Terry's  life  in  case 
11(1]  (kins  died.  And  so  far  its  tone  was  most  excellent, 
though  his  law  and  logic  would  not  stand  the  test  of 
( h)se  scrutiny.  His  assumption  of  war  and  the  meet- 
iiiL,-^  of  Hopkins  and  Terry  as  two  combatants  was 
simply  ridiculous.  Hopkins  was  told  to  arrest  a  man, 
and  not  to  kill  one. 

At  the  Saturday  evening  session,  June  28th,  Mr 
Dempster  made  the  following  motion,  which  was 
canied:  "That   the  secretary  be  and  is   hereby  in- 


432 


THE  PRISONER  AND  THE  INVALID. 


1 


*  _ 
i  M 


structed  to  detail  five  members  from  this  Committee 
each  night,  beginning  with  the  first  names  entered 
upon  our  roll  and  continuing  regularly  as  tluro 
written,  to  remain  in  our  quarters  all  night,  and  that 
the  members  so  named  if  present  shall  remain  thtin- 
selves  or  procure  substitutes.  Also,  that  the  secretary 
shall  put  upon  the  bulletin-board  the  names  of  iiuiii- 
bers  to  be  thus  detailed  as  far  in  advance  as  possible. 
Also,  that  any  member  who  shall  neglect  to  r<Miiaiii 
all  night  when  his  turn  comes,  without  seeing  that  a 
substitute  takes  his  place,  shall  be  considered  guilty 
of  gross  neglect,  and  subject  to  such  punishment  as 
may  be  awarded  hereafter."  W.  T.  Coleman,  C.  J. 
Dempster,  A.  L.  Tubbs,  M.  F.  Truett,  and  N.  (). 
Arrington  were  detailed  for  duty  at  the  Comuiitttu 
rooms,  under  this  order,  the  first  night. 

The  28th  of  June  the  H(^rald  comments  on  tlie 
affairs  of  the  day  before  in  its  usual  strain.  "The  city 
is  still  in  a  state  of  siege,"  it  says.  "Fort  Gunnyba^s 
still  frowns  defiance  upon  the  liberty  of  the  peojilo. 
Our  streets  are  daily  and  nightly  filled  with  ariiRd 
men,  who,  associated  with  mercenary  troops  and  con- 
demned muskets,  cast  a  gloomy  shadow  upon  the 
light  of  liberty.  The  cap  of  Gessler  has  been  crcetod 
on  a  Vigilance  Committee  pole,  and  we  must  all  b(  >\v 
down  to  it  and  shout  lustily,  'Long  live  the  Inquisi- 
tion.' Business  has  been  to  a  great  extent  paralyzed ; 
the  social  relations  have  been  severed;  there  is  no 
good  feeling  extant;  the  worst  passions  have  been 
aroused  and  the  masses  see  nothing  but  red." 

What  will  be  done  with  Judge  Terry?  was  now 
the  absorbing  question.  Day  after  day  the  law  and 
order  journals  published  columns  of  affidavits  which 
made  the  sanguinary  jurist  a  much  abused  man  and  a 
hero.  He  was  not  only  innocent  of  crime,  but  he  was 
to  be  honored  for  his  action.  In  defence  of  the  law  ho 
drew  his  dagger;  in  defence  of  himself  he  plunged  it 
into  an  assailant.  Public  opinion,  however,  was  littlo 
influenced  by  all  this,  and  the  popular  will  seemed 


GREAT  EXCITEMENT. 


43» 


to  (loTiiand  that  even-handed  justice  should  be  dealt 
this  man  equally  with  his  less  intelligent  tools. 

The  friends  of  Judge  Terry  did  everything  in  their 
power  to  procure  his  release.  Howard  importuned 
Colonian  and  stumped  the  interior,  the  Herald  and 
the  Sun  editors  raved  like  men  in  delirium,  Johnson 
threatened  to  pour  the  forces  of  the  federal  govern- 
ment into  San  Francisco  Bay  inside  of  ninety  days, 
and  the  lawyer  outlaws  would  pluralize  each  life  of 
the  whole  eight  thousand  that  the  penalty  of  every 
orime  in  the  long  catalogue  which  they  had  made 
might  be  visited  upon  them. 


pop.  Tbib.,  Vol.  II.    38 


CHAPTER  XXV. 


li 


ij 


THE  TRIAL. 

He  hath  resisted  law, 
And  therefore  law  shall  scorn  him  further  trial 
Tlian  the  severity  of  tlie  public  power, 
Which  he  so  sets  at  naught. 

Coriolanm. 

It  was  a  severe  ordeal  for  prisoners  wlien  l)r()uu^lit 
before  the  j^riin  tribunal  and  put  on  trial  for  lluir 
lives.  Trepidation  invariably  broke  them  down.  I'ar 
more  iinj)osing  than  any  ordinary  court  of  justice  it 
•struck  terror  into  the  hearts  of  the  i^uilty.  The  .ic- 
cused  brought  thither  for  trial  could  but  fc^el  himself 
cut  off  I'roin  all  those  means  of  escape  offenMl  him  hy 
kind  indulgent  law.  Terry,  master  of  court  hirelings 
and  coui't  machinery,  could  not  but  here  feel  him- 
self in  the  presence  of  his  masters.  He  was  over- 
powered by  a  sense  of  the  power  in  whose  presi'iico 
lie  stood.  It  was  so  different  from  anything  he  liad 
ever  before  seen  or  thought  of.  It  was  an  aw  till 
reality.  These  men  were  now  no  damned  mob,  hut 
the  undainned  power  of  the  Almighty  upon  those 
who  fell  into  their  hands,  and  a  certain  respect  lor 
them  arose  in  his  mind.  Bravado  was  of  no  avail 
here.  He  was  humble  evervwhcre,  and  in  his  cell 
he  wept  a  few  proud  tears.  When  brougiit  within 
the  Executive  chamber  by  the  sergeant-at-arms,  he 
faltercnl  for  a  moment  oxAy.  All  eyes  were  on  him, 
and  they  seemed  all -searching  like  those  of  omni- 
science. He  felt  his  sou!  laid  Inire  as  on  the  judgment- 
day.  ]>ut  (|uickly  recovering  himself  he  a[)proa(lie<] 
his  seat  with  a  firm  step  and  dignified  mien,  and  ad- 

itM) 


BEFORE  HIS  JUDGES. 


4S5 


dressing  the  president  said :   "  I  recognize  your  au- 
thority, and  am  ready  to  proceed  with  the  trial." 

For  all  that  Terry  came  to  his  trial  in  a  very 
nervous  state  of  mind.  He  could  not  but  feel,  as 
li(!  would  say,  that  he  had  been  indiscreet.  He 
had  damaged  the  cause  he  sought  to  aid,  had  given 
liis  enemies  a  victory,  and  had  placed  his  person  in 
their  power.  But  more  than  this,  he  now  was  made 
to  tear  those  whom  before  he  had  only  hated ;  he  was 
now  ma  i»  to  feci  the  strength  of  those  whom  before 
lie  had  despised.  Caged  by  the  mob,  as  he  termed 
tlie  populace  who  surrounded  the  Blues'  armory,  he 
hurst  into  tears;  brought  before  a  tribunal  of  just 
mvn  he  was  cowed.  The  lion's  heart  of  the  learned 
judj^e  sank  within  him ;  as  viewed  by  him,  these  men 
of  vigilance  were  desperate  characters,  with  whom 
liiiuging  was  easy,  while  the  law  was  no  impediment 
to  any  course  their  fancy  might  dictate.  At  first  he 
S(  tilled  suspicious  that  he  would  not  be  fairly  dealt 
witli.  ]Iis  mind  could  scarcely  conceive  of  a  com- 
pany of  money-makers  actuated  by  love  of  right  alone, 
or  a  company  of  pork-sellers  inspired  by  a  love  of  jus- 
tice which  lifted  them  above  the  reach  of  any  other 
iuii)ulse.  or  appetite. 

J3at  as  the  trial  progressed,  he  found  that  they 
could  be  fair;  that  in  sitting  in  judgment  upon  their 
arelienemy  their  love  of  justice  was  even  then  greater 
than  the  triumph  of  revenge.  His  keen  mind  sharp- 
ened bv  the  sense  of  danijer  very  soon  saw  the  fair- 
ncss  of  the  rulings  in  which  the  prisoner  was  given 
tlie  benefit  of  every  doubt  and  the  uni\  ersal  desire  to 
gain  the  siniple  truth  unbiassed  by  party  or  circum- 
stance. All  the  witnesses  he  c»juld  name  were  sent 
lor  from  different  parts  of  the  state,  the  ex))enses  of 
some  of  whom  were  paid  by  the  Connnittee.  From  the 
beginning  to  the  end  he  had  the  benefit  of  his  ex[)e- 
jience  in  conducting  his  case,  and  at  the  conclusion  of 
the  testimony  pleaded  his  own  case  and  made  a  writ- 
ten statement.     Nothinof  could  hiivj  ^Kjen  fairer. 


436 


THE  TRIAL. 


From  the  first  he  saw  that  the  Committee  wore  in 
earnest,  and  as  a  rule  his  conduct  was  respeetl'ul. 
Once  or  twice  the  tribunal  found  it  necessary  to  call 
liim  to  order. 

On  the  23d  of  June  Judge  Terry  wrote  the  Com- 
mittee  appealing  for  delay  in  his  trial,  which  appeal 
the  Committee  refused  to  consider.  They  also  ri^- 
(!cived  a  letter  from  Ashe  requesting  permission  to 
publish  a  card,  the  tendency  of  which  would  be  to 
place  his  friend  Terry  right  before  the  comnmuity; 
whereupon  Mr  Smilej'^  moved  that  the  writer  "be  in- 
formed that  any  publication  by  him  in  relation  to  the 
acts  of  the  Committee  of  Vigilance  would  be  es- 
teemed a  forfeiture  of  his  parole." 

Miers  F.  Truett  was  appointed  counsel  for  Terry, 
with  permission  of  free  access  to  his  cell,  and  power 
to  summon  witnesses.  It  was  then  ordered  that  the 
trial  be  })ostponcd  till  Wednesday,  the  25th,  at  one 
o'clock,  at  which  time  it  was  again  postponed,  and  .so 
continued  for  two  days  more.  Meanwhile  Mr  Thomas 
J.  L.  Smiley,  who  had  been  appointed  attorney  ]oi 
the  [irosecution,  was  busy  in  collecting  evidence.  No 
member,  even  of  the  executive  committee,  was  pei- 
uiitted  to  see  or  to  speak  to  the  prisoner  privately  e\- 
cei)t  by  special  permission. 

Specific  eharges  were  then  preferred.  First,  David 
S.  Terry  was  charged  with  resisting  by  violence  the 
officers  of  the  Conmiittee  of  Vigilance  while  in  the 
discharge  of  duty.  Second,  with  committing  an 
assault  with  a  deadly  weapon  with  intent  to  kill  Ster- 
ling A.  Hopkins,  a  police  officer  of  the  Committee  o( 
Vigilance  on  the  21st  day  of  June,  185G.  Third,  with 
divers  breaches  of  the  peace  and  attack  on  citizens- 
on  Mr  Evans  of  Stockton;  on  Mr  Broadhouse  while 
in  the  court-house  at  Stockton;  on  Mr  King,  at  the 
charter  election  in  Stockton;  on  J.  H.  Purdy  in  the 
city  of  San  Francisco,  in  resisting  a  writ  of  habeas 
corpus,  by  which  William  Roach  escaped  from  the 
custody  of  the  law,  and  the  infant  heirs  of  the  San- 


SMILEY'S  ARGUMENT. 


437 


chcz  family  were   defrauded  of  their  rights.     These 
all  in  the  year  1853. 

In  none  of  the  cases  had  there  been  trial  or  punish- 
mt  nt.  Offences  enumerated  in  the  third  charge  were 
)v(T;iided  by  the  Executive  as  secondary  in  importance 
to  the  assault  on  Hopkins;  but  the  Committee  con- 
blJored  they  had  the  right  to  take  cognizance  of  all 
recent  offences  committed  by  their  prisoner,  particu- 
larly of  his  resistance  of  the  writ  of  habeas  corpus  for 
iVaudulunt  purposes,  when  he  had  raised  such  a  hue  and 
(.rv  over  the  alleged  resistance  by  the  Committee,  for 
jtraisoworthy  purposes,  of  a  writ  issued  by  him. 

( )n  Friday  the  27th,  at  a  quarter  to  eleven,  the 
])ii.soner  David  S.  Terry,  charged  with  the  murder  or 
att(  in})ted  murder  of  Sterling  A.Hopkins,  was  brought 
beloru  the  Executive  sitting  as  a  jury,  President 
CoUinan  in  the  chair,  and  placed  on  trial.  The  follow- 
inuf  order  was  pursued:  First,  statements  of  prosecu- 
tion; second,  evidence  for  prosecution ;  third,  statements 
of  defence;  fourth,  evidence  for  defence;  fifth,  speech 
of  counsel  for  defence;  sixth,  speech  of  prisoner  if  he 
desire  it;  seventh,  closing  speech  of  prosecuting  at- 
torney. Mr  Smiley  read  the  charge,  and  the  prisoner 
was  then  asked  if  he  was  guilty  or  not  guilty.  Tlie 
jiiisoner  refused  to  plead  until  assured  that  there  was 
HO  outside  })ressure  bearing  upon  the  Conunittee. 
lI|)on  receiving  such  assurance  he  said,  "I  am  not 
Liuilty  of  any  crime  whatever."  At  ten  minutes  be- 
fore eleven  Mr  Smiley  began  his  opening  address, 
closinuf  at  five  minutes  past  eleven,  concludinLj  it  in 
these  words:  "Gentlemen  of  the  Committee,  in  trv- 
ing  Judge  Terry  you  try  yourselves;  in  sitting  here 
ill  judgment  on  his  acts,  you  sit  in  judgment  on  your 
own;  if  he  be  innocent  you  are  guilty,  if  he  esca[)e 
punishment  you  should  be  punished." 

The  defence  was  based  chieHy  on  an  assured  riglit 
as  a  sworn  officer  of  the  law  to  resist  the  acts  (»f  a 
lawless  body.  In  the  matter  of  Hopkin*  he  claimed 
to  have  acted  in  self-defence. 


488 


THE  TRIAL. 


Testimony  was  then  taken,  forty  witnesses  beinT 
examined  for  the  prosecution  and  about  eighty  for 
the  defence.  It  was  ordered  that  the  evidence  of 
Hopkins  under  oath  should  be  taken  in  writing  Ijy 
Doctor  Cole  and  a  clerk,  to  be  obtained  by  a  .series 
of  (juestions  mutually  agreed  upon  by  the  respective 
e(junsel  for  the  prosecution  and  the  defence,  and  that 
such  testimony  attested  by  Doctor  Cole  should  he 
received  as  evidence.  Orders  were  issued  to  refuse 
all  i)ersons,  of  whatever  class,  admittance  to  the  pres- 
ence of  Hopkins. 

The  trial  was  now  continued  from  day  to  day,  with 
sessions  morning  and  evening,  from  thirty  to  forty 
members  of  the  Executive  being  in  attendance. 

While  Terry's  trial  was  going  on  in  the  Committee 
rooms  the  law  and  order  journals  were  publishing  all 
the  evidence  they  could  collect  in  his  favor  and  iu- 
ditiuij  editorials  in  his  behalf. 

Sinijular  was  their  line  of  argument.  Tcrrv  as  su- 
promo  justice  was  in  the  path  of  duty  in  defending 
IMuloney  from  arrest,  said  they.  In  answer  they 
were  told  that  the  office  (u  judge  was  to  try  crim- 
inals, not  to  f>rosecute  or  defend  them,  and  Terry,  as 
the  member  of  the  supreme  state  tribunal  who  would 
probably  be  called  upon  to  decide  those  legal  issues 
which  would  grow  out  of  the  conflict,  should  have  re- 
mained at  home,  kept  his  mind  in  condition  to  weigli 
out  justice  evenly  to  both  parties,  and  not  have  de- 
scended from  the  bench  and  mingled  in  the  fray  like 
any  layman.  Terry  acted  purely  in  self-defence,  tliey 
said.  I  hardly  see  how  this  could  be  when  Hopkins 
was  not  seeking  Terry,  when  Hopkins  was  striving 
to  avoid  Terry  and  lay  hold  upon  another.  And  wl un 
Terry  levelled  his  gun  at  him  Hopkins  only  grasped 
it  and  made  no  eflbrt  to  kill  his  assailant.  It  might 
be  regarded  as  equivalent  to  self-defence,  in  the  light 
of  protecting  or  defending  a  friend  in  danger,  a  friend 
being  more  to  one  than  one's  self 

It  was  a  long,  laborious  business,  this  trial,  weari- 


THE  SOCIAL  IXFLUEN'CE. 


m 


sonic  in  its  details  and  unsatisfactory  in  its  results. 
"Torry  was  an  unexpected,  unwelcome,  and  undcsired 
tou.int  of  our  quarters,"  remarks  Coleman,  "thrust 
upon  us  with  all  the  weight  of  his  office,  all  the  em- 
barrassment of  his  case  which  Hopkins'  protracted 
illness  and  life  gave  it,  all  the  renewed  and  concen- 
trated opposition  of  our  antagonists,  revived  and  in- 
cnascd  by  the  addition  of  many  of  his  personal  friends, 
and  by  his  official  position." 

I'he  general  verdict  of  the  community  was,  if  Hop- 
kins died  Terry  should  be  hanged,  if  Hopkins  lived 
Terry  should  be  banished. 

In  Terry  the  Vigilance  Committee  had  their  largest 
el;  j)hant,  unwieldy,  expensive,  and  in  every  way  un- 
desirable. As  long  as  Hopkins  lay  at  the  point  of 
death,  or  in  a  critical  condition,  their  way  was  com- 
paratively clear;  but  when,  as  the  trial  dragged  its 
weaiy  length,  he  began  to  recover,  and  in  time  was 
up  and  about  the  streets,  now  more  than  ever  were 
the  Executive  nonplussed.  They  had  hoped  to  dis- 
band soon  and  to  rest  from  their  responsibilities;  they 
had  hoped  soon  to  be  able  to  devote  their  dciys  to 
their  business  and  their  nights  to  their  families;  but 
u})()n  them  in  an  evil  moment  had  dropped  this  great 
and  unexpected  burden,  which  complicated  their  jiosi- 
tion  and  increased  their  labors  and  liabilities  fourfold. 

During  this  period  Terry  and  his  friends  were  very 
humble.  To  deliver  him  from  durance  they  would 
pioniise  anything;  he  should  resign  his  position,  leave 
the  state,  and  give  no  more  trouble.  The  wives  of 
members  of  the  executive  committee  were  calhxl  upon 
l)_v  ladies,  evidently  acting  in  concert,  who,  under 
eover  of  friendly  visit,  would  enlarge  on  the  equity  of 
Terry's  case.  Social  efforts  of  every  kind  were  re- 
peatedly undertaken  to  work  on  the  minds  of  the 
Executive  who  were  his  judges.  "  Day  after  day," 
says  Mr  Dempster,  "gentlemen  used  to  come  into  my 
oiiice,  as  they  went  to  those  of  others,  some  of  whom 
were  friends,  some  mere  passing  acquaintances,  and 


3 


440 


THE  TRIAL. 


■; 


i  I 


even  others  whom  I  then  met  for  the  first  time,  and 
either  at  once  began  to  speak  of  Terry  or  by  dcgivos 
led  the  conversation  \>o  that  point.  I  have  iit\er 
known  or  heard  of  a  case  where  a  man's  friends  worked 
so  hard  in  his  behalf.  My  most  intimate  associate  at 
the  time,  a  merchant  whose  place  of  business  was  next 
my  own,  a  man  in  M-^hose  integrity  and  desire  for  the 
public  good  I  had  implicit  faith,  brought  several  jferi- 
tlemen  to  see  me  askmg  a  discussion  on  the  subject. 
And  they  presented  their  views  very  forcibly.  1  lis- 
tened with  attention;  but  becoming  wearied  by  the 
increasing  efforts  to  argue  the  matter  out  of  court,  as 
it  were — for  I  considered  it  was  not  the  proper  place — 
I  was  determined  to  put  an  end,  at  once  and  forever, 
to  these  repeated  concerted  attempts.  So  that  finally 
I  said  to  them,  that  during  my  whole  life  I  had  been 
an  admirer  of  strictly  impartial  justice,  that  I  believed 
that  no  human  being  existed  who  did  not  admire  this, 
to  my  mind,  the  most  revered  attribute  of  the  deity. 
1  had  joined  the  Vij^ilance  Committee  from  a  firm 
conviction  that  even-handed  justice  should  be  meted 
out  to  all  men.  We  had  punished  weak  men  of  little 
l)ower  and  without  friends,  and  the  same  justice 
should  be  done  to  Judge  Terry,  the  more  so  because 
of  his  powerful  friends  and  almost  universal  influence. 
I  concluded  by  saying  that  should  Hopkins  die,  and 
were  every  other  member  of  the  Vigilance  Committee 
to  fail  to  do  justice,  I  would  myself  inflict  upon  Judge 
Terry  the  penalty  which  I  considered  would  be  his 
due,  and  this  even  though  I  knew  that  such  a  moment 
would  also  be  my  last.  After  that  I  was  troubled  no 
more." 

"Every  effort,  every  device,  artifice,  pretext,  per- 
suasion, and  power  of  his  friends,  old  and  new,"  say?' 
Coleman,  "was  brought  to  bear  at  once  on  every  sep- 
arate individual  member  of  the  Committee,  on  every 
part  of  its  organization  that  they  thought  could  be 
reached  by  influence  social,  moral,  religious,  political 
public,  private,  sectional,  general,  and   every  other 


u — . 


ARGUMENT  AND  SUBTERFUGE. 


441 


kind;  and  when  they  found  the  Executive  firm  and 
unwavering,  the  delegates  even  more  so,  because  not 
incliriod,  or  feehng  impelled  to  show  the  courtesy,  in- 
dulu'once,  and  forbearance  which  the  former  body  did, 
wliore  indulgence  was  expected,  the  leaders  in  this 
luovcment  then  tried  to  sow  dissension  and  to  create 
divisions  in  every  part  of  the  organization  that  they 
could,  and  it  may  well  be  conceived  how  much  trouble 
could  thus  be  given  to  us  by  strong,  zealous,  numerous 
influential  people  who  under  the  circumstances  deemed 
any  expedient,  any  policy,  any  tactics  or  effort  justi- 
fiable." 

"It  was  a  spar  on  his  part  for  time,"  as  Smiley  puts 
it,  "and  for  any  influence  on  earth  that  could  be 
brought  to  bear,  a  spar  on  his  part  in  the  beginning 
for  every  concession  to  save  his  life,  especially  while 
Hopkins  lay  at  the  point  of  death."  All  the  ordinary 
facts  which  might  have  been  taken  for  granted  were 
viui^orously  fought.  The  first  attempt  to  arrest  Malo- 
nty  in  Terry's  presence;  Terry's  running  up  Kearny 
street  to  Jackson,  and  to  Bartlett's  alley;  Hopkins' 
.seizure  of  his  weapon  and  Terry's  stabbing  him — the 
whftlc  of  these  details  were  fought  inch  by  inch;  when 
ail  the  time  the  truth  was  clearly  apparent  that  Terry 
kit  his  judicial  seat  at  Sacramento  and  came  to  San 
Francisco  for  the  express  purpose  of  precipitating  a 
bloody  issue  in  a  local  quarrel,  and  mingling  in  a  street 
ali'ray,  to  shield  a  tool  of  his  party  he  interposed  him- 
self between  him  and  Hopkins;  the  latter  then  en- 
deavored to  thrust  Terry  aside,  and  Terry  stabbed 
him. 

"That  the  cause  for  the  organization  of  the  Vigil- 
ance Committee  was  just  and  sufficient,"  says  the 
Nevada  Journal  of  the  4th  of  July,  "the  popular 
voice  of  the  people  has  decided.  That  Casey  and 
Cora  richly  deserved  their  ignoble  fate,  few  have  the 
hardihood  to  deny.  Had  the  Vigilance  Committee 
accomphshed  but  this  act  of  retributive  justice  the 
whole  state  would  have  applauded  the  deed,  as  the 


442 


THE  TRIAL. 


whole  state  did.  Few  would  have  heen  found  to  do. 
plore,  and  few  to  denounce  the  precedent  set  i'f;r 
coming  time;  the  masses,  though  they  might  iv<fivt 
the  necessity  for  setting  at  naught  the  forms  of  law, 
would  have  rejoiced  that  vice  by  some  process,  illicit 
though  it  might  be,  had  at  last  found  its  punisliiiunt. 

"The  act  of  banishinjj  a  score  of  individuals  at  one 
time  is  more  questionable,  because  the  crimes  of  caoli 
are  not  so  apparent  to  the  people,  and  because  I jy  <•(  )ii- 
demning  so  many  there  was  a  reasonable  possibility 
that  one  innocent  man  might  suffer  with  the  guilty. 
Still  the  notorious  reputation  of  the  expatriated  and 
their  a.ssociations,  from  which  their  characters  bicanie 
established,  was  convincing  proof  to  every  one  not 
wed  irrevocably  to  law  however  much  violated,  or 
order  though  a  misnomer  for  anarchy,  that  they  were 
unlit  to  mingle  in  a  community  whose  moral  sense 
they  had  outraged,  and  whose  laws  they  had  tltlicd. 
Though  the  banishment  of  these  men  was,  as  we  have 
said  before,  a  more  questionable  act  than  the  execu- 
tion of  the  murderers,  whose  guilt  was  open  and 
deniable  by  none,  the  people  were  glad  that  the  state 
was  purged  of  such  dishonorable  characters. 

"Again  when  he  who  should  wear  ermine  unsoiled 
connnitted  the  faux  pas  of  folly  and  indiscretion  of 
going  to  San  Francisco,  leaving  the  seat  of  justice  to 
mingle  and  take  part  in  grave  proceedings,  ujton 
\vhich  he  would  doubtless  be  called  to  pass  judgment 
in  his  official  capacity;  and  when,  worse  than  all,  in 
attempting  to  perform  impossibilities  he  sheathed  a 
dagger  in  the  flesh  of  an  officer  performing  duties  in 
accordance  with  popular  authority,  and  was  taken 
into  custody  by  the  same  authority,  public  sentiment 
condemned  the  judge  and  demanded  justice  from  its 
acknowledged  dispensers.  An  ex  i^arte  statement  of 
the  unfortunate  affair  flashed  across  the  wires,  and 
the  mountains  echoed  back  the  voice  of  the  excited 
multitude  in  San  Francisco,  for  redress  and  retribu- 
tion.   But  another  and  counter  statement  has  gone 


roruLAR  opixiox. 


443 


forth  which  is  entitled  to  some  consideration.  Kcop- 
iii;4  ill  view  the  excitement  of  the  times,  hotli  versions 
(»!'  till'  story  shoul(J,  perhaps,  he  taken  with  allowance, 
i\>r  thi'  mediums  throui^h  which  the  two  parties  saw 
the  tragedy  were  liable  to  distortion  and  colorin*^. 
At  ill!  events  Iheevidciu'e  which  has  been  brou^jfht  to 
li-Iit  is  c()nilictin,g  and  unsatisfactory.  The  Vigilanco 
C'uiiinilttee  arose  to  vindicate  the  majesty  of  violated 
liiw,  and  to  ensure  its  future  observance,  and  we  de- 
iiiaiul  of  any  gentleman  versed  in  the  law  of  evidence, 
if  ciioii^i  lias  been  furnished  the  public  to  con  ict 
]);i\i(l  S.  Terry  by  the  law,  in  whose  sacred  defence 
tlir  \'igilancc  Conniiittee  stand,  of  a  capital  crime. 
ll  is  I'.u-  from  us  to  plead  the  high  official  station  of 
tlic  jiiisoner  as  an  interposer  for  mercy  in  his  behalf, 
ll  cannot  extenuate  a  crime.  All  the  peo[)le  ask  is 
impartial  justice,  meted  out  inllexibly  alike  to  the 
lii'^Ii  iind  the  low.  They  do  not  desire  nor  will  they 
sanction  the  eni'orcement  of  the  bloody  code  of  J)raco. 
The  time  i'or  lex  tallonis  has  passed  away.  If  the  im- 
jiiisoned  officer  had  done  a  deed  worthy  of  death  in 
\\\v  eyes  of  the  enlightened  nations,  let  him  suil'er  like 
any  malefactor.  But  the  tumultuous  murmurings  and 
diiiiands  without,  like  the  winds  of  yore  around  tlio 
lavc  ofiEolus,  should  not  swerve  the  executive  com- 
mittee one  hair  from  the  line  of  justice  as  defined  by 
the  statutes  whose  purity  and  efficiency  they  are  con- 
stituted to  restore." 

The  fourth  of  July  passed  quietly.  In  the  enjoy- 
ment of  their  national  anniversary  the  citizens  of  San 
Francisco  felt  that  they  were  indeed  free  and  inde- 
pcmlent;  felt  that  their  city  was  free  from  the  misrule 
of  political  demagogues,  was  purged  of  moral  disease 
which  had  so  lately  threatened  death,  and  that  they 
Were  men,  fit  descendants  of  those  sires  of  the  great 
]ojvolution  who  eighty  years  before  had  in  like  man- 
ner struggled  for  the  right  and  conquered  a  peace. 
There  was  a  desire  on  the  part  of  some  for  a  grand 
military  display   by  the  Vigilance   Couunittee,   but 


444 


THE  TRIAL. 


!    I 


with  their  usual  good  sense  and  moderation  the  Fa- 
ecutive  objected.  Theirs  was  no  organization  for  vain 
or  triumphant  ostentation,  but  for  solemn  duty,  which 
once  performed  they  would  gladly  retire,  and  rest 
for  their  reward  in  the  consciousness  of  their  recti- 
tude rather  than  in  plaudits  and  public  praise. 

Several  persons  now  attempted  an  adjustment  of 
the  difficulties  between  the  governor  and  the  (Com- 
mittee, and  Terry  was  asked  to  lend  his  aid  by  iw- 
signing.  When  it  was  thought  Hopkins  would  (ho 
Terry  would  gladly  have  resigned,  and  have  left  the 
state,  had  he  been  permitted  to  do  so,  but  now  that 
Hopkins  was  improving  Terry  stoutly  swore  that  lie 
would  never  leave  the  Committee  rooms  unless  as 
justice  of  the  supreme  court. 

Overtures  were  made  by  deputations  of  citizens,  to 
which  courteous  attention  was  given.  In  one  of  these, 
headed  by  Judge  Munson,  negotiations  proceeded  so 
far  as  to  protocol  the  adjustment  of  difficulties  upon 
the  following  basis :  The  Committee  should  consider 
the  objects  for  which  they  had  organized  as  accom- 
plislied,  first,  when  the  two  justices  of  the  supreme 
court,  ISIurray  and  Terry,  should  have  resigned,  and 
have  departed  the  state ;  secondly,  when  all  the  officers 
of  San  Francisco  county  should  have  vacated  their  po- 
sitions; thirdly,  when  all  the  prisoners  in  the  posses- 
sion of  the  Committee,  and  such  characters  as  they 
desired  to  expel,  had  left  the  state  never  to  return; 
and,  fourthly,  it  should  not  be  deemed  a  breach  of 
faith,  but  a  duty,  to  enforce  sentence  on  any  banished 
criminal  who  should  return.  These  terms  were  not 
accepted;  indeed,  they  were  scarcely  practicable,  and 
were  only  another  way  of  replying  to  the  numerous 
overtures  made  to  them  in  effect,  that  it  was  impos- 
sible for  them  to  do  otherwise  than  to  conclude  their 
work  as  originally  determined. 

Upon  the  failure  of  all  efforts  at  reconciliation 
threats  of  rescue  were  renewed,  which  tended  only  to 
increased  vigilance  on  the  part  of  the  Committee.    The 


CALL  TO  RESIGN. 


445 


ni^lit  before  his  trial  began  Terry  was  rcinovcd  to 
11111)1  lier  cell,  and  the  password  was  changed. 

Tliu  10th  of  July  the  condition  of  Mr  Hopkins  was 
iiioir  ciitical.  Says  the  Bulletin  next  day:  "The 
iViriids  of  the  supreme  judge  who  have  counselled 
liiiii  to  the  unwise,  arrogant  course  he  has  taken 
(luriinj^  the  past  few  days  may  now  cease  their  self- 
Mratiilatiiig  utterances,  and  will  probably  recede  from 
the  insolent  attitude  they  have  taken.  We  have  no 
wish  to  renew  popular  excitement  on  tliis  subject;  but 
it  is  our  (hity  to  repeat  what  we  have  heretofore  said, 
tliat  if  Hopkins  dies  Terry  must  meet  the"  conse- 
quences, whatever  they  may  be. 

Tlien?  were  all  sorts  of  opinions  entertained  and  ex- 
|)ics^e(l,  both  within  and  without  the  Committee. 
iSoine  believed  him  as  much  to  blame  as  if  his  knife 
had  pierced  the  police  captain's  heart,  though  evi- 
dently it  was  not  the  intention  of  the  judge  to  go 
quite  so  far.  Others  did  not  censure  him  for  cutting 
Hopkins,  but  for  stepping  from  his  judicial  bench  to 
intei  fere  in  purely  local  affairs.  Others  blamed  him 
not  at  all,  taking  up  the  old  line  of  argument  that  it 
was  done  in  seK-defence,  and  even  in  the  line  of  duty 
as  a  pcace-oflScer. 

Loud  calls  were  now  made  by  the  people  for  the 
governor  to  resign,  and  also  to  withdraw  his  procla- 
mation. If  ever  the  necessity  existed  for  issuing  it, 
that  necessity  had  long  since  passed.  The  popular 
})aity  had  achieved  a  signal  triumph;  the  army  of  the 
()|)I)osition  had  melted  into  air.  The  city  was  quiet 
ai/d  orderly,  the  functions  of  government  were  un- 
ti-ammelled  by  insurrectionists,  if  any  such  ever  ex- 
isted. "No  one  anticipates  civil  war  now,"  they 
aigued.  "Where  then  is  the  necessity  for  the  pro- 
clamation and  the  action  taken  under  it?  Have  not 
facts  clearly  shown  that  both  were  unnecessary,  both 
fruitless,  save  in  increasing  the  debt  of  the  state? 
Why,  then,  is  not  that  absurd  manifesto  withdrawn? 
Why  will  the  executive  persist  in  maintaining  his 


446 


THE  TRIAL. 


'  ■   i 


•  J 


shameful  position?  Let  him  retrace  his  steps,  lot  liim 
withdraw  his  proclamation,  let  him  manifest  his  jj^iati- 
tucle  that  his  folly  has  not  occasioned  civil  war,  and 
for  the  rest  of  his  term  of  office,  if  ho  will  persist  in 
retaining  office  contrary  to  the  wish  of  those  w'.io 
elected  liim,  let  him  so  conduct  himself  as  in  a  measure 
to  redeem  the  reputation  he  once  enjoyed." 

A  grand  mass  meeting  was  held  in  front  of  ]\r()iit- 
gomery  block  the  evening  of  July  1 3th,  for  the  pui|((»so 
of  calling  forth  public  sentiment  as  to  the  necessity  «it' 
an  innnediate  resignation  of  all  the  then  existing  ( ity 
and  county  officers.  These  officers  were  illegally  circttfl, 
the  people  said,  many  of  them  were  guilty  of  intaiiioiis 
practices,  and  none  of  them  enjoyed  the  confidciuc  of 
the  counnunity.  The  executive  conunittee  of  vigilaiuL- 
had  instituted  an  investiij^ation  into  the  affairs  of  tlio 
respective  municii)al  offices,  and  a  lengthy  report  ot" 
the  result  appearetl  in  the  journals  of  the  day. 

Tliey  examined  the  financial  system  of  the  muni- 
cipality, and  ascertained  that  the  city  had  been  ex- 
travagant, living  far  bevond  its  means.  The  county 
was  bunlened  with  a  debt  of  half  a  million  of  dnllais, 
and  warrants  de|»reciated  to  less  than  half  their  par 
value.  This  was  chargeable  to  the  board  of  super- 
visors. They  found  that  the  county  had  bei-n  gr(»ssly 
swindled;  corruption  was  rank  and  everywhere  exist- 
ent in  and  about  the  city  hall. 

It  was  therefore  resolved  that  written  requests  ti) 
resign  should  be  directed  to  Judge  Freelon,  Mayer 
Van  Ness,  Sherilf  Scannell,  J  district  Attorney  ]>ynic, 
County  Clerk  Hayes,  Recorder  Koliler,  Treasurer 
Woods,  Assessor  Stillman,  Surveyor  (iardncT,  Coro- 
ner Kent,  School  Superintendent  l*elton,and  .lust lets 
llyan,  Chamberlain,  and  Ciistree.  Tliis  was  done; 
and  the  answers  from  the  officials  were  in  almost 
every  instance  a  })ositive  refusal  to  resign.  An  ad- 
journed meeting  hinted  at  a  resort  to  i'orce  to  dri\c 
them  from  otHce.  "Let  the  Vigilance  Conunittee 
shut  the  doors  of  the  city  hall  and  take  the  ke vs, ' 


III 


HABEAS  CORPUS  AGAIN. 


447 


siiK-jjcstcd  one.  "  We  are  eight  thousand  devoted 
11  II ;  wo  can  keep  the  old  rookery  hermetically  sealed, 
iind  we  will  do  it!"  Popular  sovereignty  and  the 
juiM>li'  as  the  source  of  all  power  were  the  docrtrines 
lield  \>y  that  assemblage;  and  the  refusal  of  the  ofti- 
c'uils  to  resign  in  obedience  to  the  popular  demand, 
wliicli  resignation  in  their  opinion  would  have  had  a 
]i(»\\iil\il  tendency  toward  the  establishment  of  tran- 
(|iiilin;. ,  was  deplored. 

J  ciiimot  but  regard  this  action  as  injudicious  and 
liiiitfnl  to  the  popular  cause.  It  was  hardly  to  bo 
suj)]»oscd  that  these  officials  would  resig.'..  to  do  so 
would  he  a  tacit  acknowledgment  on  their  jjurt  of  the 
ir.sti'c  of  the  popular  demand.  And  to  take  a  step 
wliicli  v.as  sure  to  result  in  humiliating  defeat  could 
only  bring  into  contempt  the  actors  and  weaken  their 
causi". 

A! though  there  were  many  members  of  the  Vigil- 
aiin;  ( "ommittee  prominent  in  this  demonstiation,  it 
was  not  a  Vigilance  Committee  movement.  It  bears 
no  iin[)ress  of  that  sound  judgment,  that  calm  and 
di-iiilicd  discrimination,  and  that  swift  and  terrible 
ii'i  ion  when  once  the  determination  to  act  was  formed, 
that  characterized  all  the  doings  of  the  executive 
(■•uninittee.  Far  too  wise  wi-re  they  to  risk  ))resligu 
ill  making  demands  where  they  had  not  the  power  tt> 
en  force  obedience. 

The  never  failing  bugbear  of  habeas  corjuis  was  as 
a  niattm-  of  course  ro.soii d  to.  In  almost  i-vei-y  in- 
slaiiee  the  Comn>ittce  was  infonued  that  a  writ  was 
to  be  served  bef*'re  the  olKcei"  came  with  it.  For 
e\anij)le,  the  record  of  21st  July  states  that  ''Mr 
(ieorge  K.  Ward  made  a  verbal  statement  of  a  con- 
\  I'l'sailon  had  with  a  gentleman  of  tliis  eity  in  relation 
to  ;i  writ  of  habeas  corpus  which  he  said  would  be 
issued  t  his  evening."  The  chair  then  appc^inted  Mi'ssrs 
1 )»  nipster  and  Farwell  a  conniiittee  to  obtain  legal  ad- 
^il•»■  in  relation  to  the  writ  of  habeas  corpus.  A  com- 
liiillee  t)f  three,  Dows,  Burns,  and  Goddard,  was  then 


44S 


THE  TRIAL. 


.!■ 


!    1 


appointed  to  take  proper  measures  to  secrete  tho 
prisoner  Terry,  in  case  the  service  of  a  writ  of  luilxas 
corpus  should  be  attempted. 

In  a  letter  to  B.  W.  Leigh  dated  Sacramento,  Julv 
IGth,  1856,  General  Howard  discloses  the  plan  of  tlio 
law  and  order  faction  concerning  Terry.  "I  agieo 
with  you,"  he  says,  "  that  the  safest  course  is  to  a jij  ily 
for  a  writ  of  habeas  corpus  ad  testificandum  for  Tenv. 
He  will  be  a  necessary  witness  in  the  case  of  Durkcc, 
as  he  knows  all  about  the  requisition  by  the  governor." 
Durkee  had  been  arrested  for  piracy,  a  full  account 
of  which  will  be  given  hereafter.  The  cunning  Howard  1 
Has  he  forgotten  the  "non-come-at-ibus"  return  upon 
the  writ  for  Maloney,  who  also  was  wanted  for  a 
witness  in  the  Durkee  case?     Here  is  the  story: 

"  My  friend,"  said  a  Paul  Pry  of  the  gubernatorial 
order  to  a  member  of  the  Vigilance  Committee  ono 
day,  "I  do  not  wish  to  be  inquisitive,  nor  would  I 
for  the  world  get  you  into  trouble,  but  I  confess  to  a 
strong  desire  to  know  how  you  stow  away  prisoners 
so  that  when  a  habeas  corpus  comes  no  shadow  of 
them  can  be  found." 

"Well,"  replied  the  vigilant,  "I  hardly  think  I 
should  tell  you;  but  will  you  promise  secrecy?" 

"  Most  profound." 

"  Know  then  that  when  the  Executive  scent  a  ser- 
vice they  raise  the  false  bottom  and  side  slide  of  the 
patent  ballot-box,  clap  these  men  in  one  after  another, 
and  make  a  return  on  the  writ  of  habeas  corpus,  of 
non-come-at-ibus  in  ballot-box-ibus  1" 


t:  I 


CHAPTER  XXVI. 


JOHNSON  AND  HIS  GENTLE  GENERAL. 


Ea  ist  nichts  sckrccklichcr  als  eino  thiitige  Uuwiascnhcit. 

GoHhe. 

Early  in  July  Governor  Johnson  so  far  conquered 
liis  j)ri(lc  as  to  make  overtures  of  reconciliation  to  the 
executive  committee,  although  the  manner  of  it  was 
not  as  manly  as  might  have  been.  It  happened  in 
tliis  wise:  His  request  to  General  Wool  for  United 
S*'?*^t's  aid  had  been  refused;  liis  proclamation  had 
I  I  II  treated  with  indifference  by  some  and  witli  con- 
tcnii)i  by  others;  his  chief  of  militia  had  been  out- 
gciicralled,  his  force  ignominiously  defecated,  stripped 
(if  tlirir  arms,  and  made  prisoners  without  having 
stnuk  a  blow;  his  friend  and  counsellor  was  in  the 
liaiids  of  the  Committee,  and  he  himself  was  power- 
k'ss,  governor  by  sufferance  only,  and  liis  name  a  ro- 
]»i(>aeli  and  byword  throughout  the  state.  The  j)Osi- 
tiini  was  by  no  means  a  jileasant  one;  but  he  deserved 
littl(^  sympathy,  for  it  was  petty  ])ride  that  caused 
liiiii  to  strike  such  an  attitude,  and  sullen  obstinacy 
tliiit  j)ievented  him  from  retiring  from  it.  He  was 
actuated  by  no  lofty  motive,  cared  little  for  the  lives 
and  ])roperty  of  the  citizens,  and  still  less  for  the  wel- 
l;uv  (if  the  state. 

Ill  the  editorial  of  the  Sacramento  Unions  issue  of 
.Fiiiie  27th  appeared  the  following  connnent  on  Gov- 
eriKtr  Johnson's  course:  "Finding,  after  a  trial  of 
nearly  a  month,  that  the  intelligent  peoi)le  of  the 
state,  including  nineteen  twentieths  of  his  personal 

Pop.  Tub.,  Vol.  II.    29  (  Ud  ) 


4:.o 


JOIINSOX  AND  niS  GENTLE  GENERAL. 


and  [tolitlf-al  frioiuls,  have  takon  a  clifTovciit  view  of 
his  olHcial  duty  upon  (ho  point  of  issuiiicjf  the;  ]>r<  v'.i: 
tioii,  it  st'C'Uis  to  ns  that  lie  init^ht  revoke  that 


iia- 


(.MCll- 


mont  with  the  approval  of  nine  tenths  of  the  jiijik' 
of  the  state,  and  without  any  violation  of  coii;(  itn- 
tious  views  of  <luty,  or  loss  of  official  or  persdnal 
character.  Had  that  document  been  revoked  twn 
weeks  aij^o,  wo  are  confident  that  J.  Neely  .JoliiiMm 
would  Iia\-e  iinniediately  commanded  a;^ain  tJie  respect 
and  fnll  cor.tidencc  of  tlie  pc^ople  of  the  state.  A 
pro])er  course  now  may  produce  a  like  result.     Hut 


tliat 


cou 


rso    must    be  diveste<l    entirelv  of  mihi 


■ll'V 


threat-;  iind  displays,  or  it  cannot  prove  acceptaMc  I'l 
the  ]»eople.  ]Jy  a  iV.ir,  just,  and  ma'jfnanimous  ]M)li(V 
on  both  si(U's  this  San  ]''rancisco  difliculty  may  !».; 
adjusted  honorably  and  satisfactorily  to  all  parties  In 
two  days.  To  eifeet  this,  however,  there  mu:  t  !)■ 
concessions  on  encli  side.  There  must  be  no  stuh'ioin 
adh(M-en('e  to  individual  opinions,  no  further  war  ujKy.i 
abstractions  and  technicalities,  no  warrint^  of  pr* ju- 
dices  atid  passions  around  the  board.  A  few  nieii 
with  cool  heads  can  settle  the  didicidty  in  a.  dav."' 


A  ]eii.>lhy  editorial  U|)on  the  subject  of  concilia; 


loll 


appeared  in  the  same  jo\u'nal  on  the  following  nioin- 


inir,  m  v/liK 


•h  tl 


le  u'overnor  was  ur^.iul  to  laKc  v.nvw 


I  h 


di.-ite  sf(*ps  for  settling  the  dihlculty  amicably.     "( >iir 
desire  to  have  this  minatural  controversy  closed  l»y 


compronn>e 


savs  tile  editor,  "does  not  arise  IViiiii 


an 


V  anxietv  for  the  Vigilance  ( 'omiiiitfi^e.      Thev  arc 


to 


o 


'tron 


..jv  organized    in   San 


l 


raucisco,  and    tni» 


firmly  sustained  by  the  grent  lieart  of  the  peopli\  to 
be  disturbed  by  any  force  that  can  1m>  brought  again  t 
tlicm  fiom  any  cpiarter  so  long  as  th.ey  keep  right  on 
tla^ir  side.  Our  anxiety  is  for  tiie  state  ollicers  lluiii- 
selves.  A  tierce  conflict  l)etween  them  and  t!ie  peoiilc 
would  seal  their  fate  as  otlici  rs;  and  slioidd  tlu^  lives 
of  a  half-dozen  good  men  b(!  .sacriiiced  i)y  their  ordris, 
the  state  would  soon  be  found  too  small  to  lioM 
them.      J^ut  all  tlaUL'c^r  of  a   hostile  collision  tan  lie 


THK  SACRAMENTO  •  UNION.* 


451 


and  sliouM  be  placed  beyond  human  contingency  liy 
till'  act  oftlic  executive.  Were  wo  in  liis  position  vve 
slioiiM  not  hesitate  to  visit  San  Francisco,  and  say 
jdiiinlv  to  those  citizens  wliat  we  were  wiUing  to  do 
(()  ])r<>(hice  again  peace  and  harmony.  Wc  should  cx- 
pcti  to  make  honorable  and  magnanimous  concessions^ 
\,i  till'  spirit  of  liberty  which  has  exhibited  itself  in 
San  I'^raiicisco,  and  we  should  expect  to  be  met  in  the 
same  catliolic  and  generous  spirit  by  the  Committee. 
Wc  should  propose  to  revoke  the  military  order  to 
(irncial  Sherman,  to  modify  hy  another  document 
the  mlHtary  and  insurrection  portion  of  the  proclama- 
tion, and,  upon  such  conditions  as  might  be  agreed 
ii]>ori,  declare  a  general  amnesty  for  the  pat-t  acts  of 
th"  ( 'ommittee.'' 

I'nllowing  up  the  subject  with  the  same  earnestness 
on  Monday,  the  30th  of  June,  the  san)e  writer  con- 
tinues and  thus  exhorts  the  powers  on  Sacramento 
St  1  vet: 

"Tlir  Vi^'ilanro  Coinmitfoe  arc  in  a  position  of  such  Btrength,  possoss 
jiowt'c  iiiulisjiute'l  in  San  Francisco,  that  they  are  in  u  situation  to  oiler  gcncr- 
mis  cniiccssions  and  lil)erul  terms  to  the  state,  witliout  subjecting  tliemnelvcs 
t'l  ti'f  Kiispicion  of  lieing  influencei:!  by  their  feai-s,  or  by  any  motive  save  tliat 
!■;  /iviiii;  peace  iintl  quiet  to  the  community  wliich  tliey  have  purified  morally 
]>y  ilicir  acts.  While  the  least  uncertainty  existed  as  to  their  position,  tliey 
(■\liil)iti'.)  consummate  wisdom  in  every  movement.  Possessed  now  of  power 
;ilni"-t  unlimited  let  them  have  a  care  that  it  does  not  so  intoxicate  thi'ui  as 
1'>  I  ;m1  to  acts  which  will  be  pronounced  blunders.  Their  fwwer  was  volun- 
(;'n  ;,  <  tinfiMTed  in  a  day;  it  may  voluntarily  be  withdrawn  in  a  night.  If 
Kiji:  ill:*  fortiiiiately  lives,  tiic  case  of  Judge  Terry  can  be  disposed  of  in  ac- 
iipv  i;i!iee  with  the  demands  of  justice,  and  witliout  endiairas.iing  the  Ciuumit- 
tci  (?'  death  follows  the  wound  inflicted  by  the  judge,  lo  save  his  life  will  be 
(liliiciilt  if  not  nniKtssiblc.  Ilenco  the  rcasim  why  we  urged  tiie  executive  to 
g"  t'<  the  bay  on  SatU"day  and  close  the  matter  at  once  and  b'.'fore  a  fatal  ter- 
iiiiiiMtion  could  follow  iii  the  case  of  Hopkins.  But  some  of  his  frieii-ls  tliought 
lir  n.id  better  not  go.  It  was  suggested  that  so  gi-eat  was  the  excitement  that 
111'  I  .i::lit  lie  uncourtcously  treated  in  the  streets,  an  idea  tltat  never  entered 
uui'  'iiiud.  Wc  do  not  believe  that  tlio  j.'ovcrnor  would  have  been  sub- 
i'Liiii  to  insult;  our  opinion  of  the  citizens  of  .San  Francisco  leads  us  to  think 
otiurwisc.'' 


Balancing  thus  tbc  pride  and  the  interest  of  both 
sides    with    no  little    skill  and  calmness,  this  writer 


Hi       JOHXSOX  AND  HIS  GENTLE  OENERAL. 

urji^es  the  governor  to  .cV/ance,  speaks  of  the  inip(xsi- 
bility  of  any  other  method  of  sctthng  the  clitH(  uliv, 
touches  upon  the  uncertain  tenui'o  by  wluch  he  aiul 
his  party  hold  offices,  the  jeopardy  of  his  friends  litV, 
and  finally  pricks  him  on  with  a  gentle  intimation  of 
cowardice,  while  on  the  other  hand  he  pats  the  \W\\. 
ance  Committee  on  the  back,  reminds  them  of  the 
uncertainty  of  human  events,  and  advises  tlioiu  to 
treat  the  governor  kindly.  It  was  well  intended,  well 
executed,  but  it  would  not  work;  Johnson  lacked  the 
manliness  to  be  governed  by  such  advice,  yet  it  couM 
but  inlluence  him.  He  saw  the  truth  of  it,  yet  \\v. 
had  not  the  courage  to  follow  it.  Some  action,  liow- 
ever,  he  deemed  necessary,  so  he  adopted  a  middle 
course,  usually  the  covert  of  weak  and  vaeillatiiii,' 
minds.  Calling  to  him  liis  father-in-law,  ( 'oloiu  l 
James  C.  Zabriskie,  lie  recjuested  him  to  go  down  to 
San  Francisco  and  endeavor  if  possible  to  adjust  tlio 
difficulties  between  the  Vigilance  Conunittee  and  tlic 
authorities.  Pie  authorized  liim  to  make  the  fol- 
lowing }»roposal,  namely,  that  if  the  Committee  would 
deliver  Terry  to  the  courts  for  trial,  i)lace  in  the  i,'ov- 
ernor's  possession  the  state  arms,  and  (hsband,  lu", 
Jolnison,  would  advise  the  authorities  of  San  riiiii- 
rif*'o  not  to  prosecute  any  member  of  the  Vigihuuv 
Committee  for  ofl'enccs  alleged  to  liave  been  <'^'iii- 
nni(.»^l,  and  should  any  be  thus  convicted  he  would 
grant  them  uneon(htit)nal  pardon.  The  utmost  ^«t'- 
crecy  was  to  be  maintained,  as  in  case  of  refusal  <iu 
the  part  of  the  C()mmitt(.'e  to  comply  with  the  gover- 
nor's proposal,  tli(!  governor  would  not  have  it  a}i|»ear 
that  any  advance  toward  a  reconciliation  luul  Itccu 
made  by  him.  This  was  the  2d  of  July.  Colonel 
Zabriskie  accepted  the  commission  and  associated 
with  him  James  Allen  and  C.  15.  Zabriskie  of  Sail 
Francisco,  and  the  game  opened.  The  liigh  conniiis- 
sion  Urst  addressed  a  letter  to  Judjjc  Terrv,  dated 
International  Hotel,  San  Francisco,  July  3d,  18.1(i.iii 
which   they  made  known   their   authority  fi-utn  tlio 


HE  WOULD  NOT  RESIGN. 


4o3 


(Tovcnior  to  treat  with  the  Committee,  and  assuriiiij 
liiiii  that  he  could  materially  contribute  to  their 
.success. 

Alluding  to  the  communication  of  Mrs  Terry  to 
tlic  jiublic  in  which  she  expresses  the  belief  that  if  a 
jiinjoiity  of  the  people  desired  lier  husband's  resig- 
nation he  would  grant  it,  they  took  it  for  granted 
that  ho  approved  of  that  proposition,  and  asked  in 
what  t'orni  such  an  expression  of  popular  will  would 
he  acceptable  to  him.  It  will  easily  be  perceived 
that  Mrs  Terry  had  been  instigated  to  the  expressi(»n 
of  Mich  belief  either  by  her  husband  or  his  friends  in 
Older  to  keep  the  subject  agitated  and  call  out  pro- 
posals— mostly,  it  would  seem,  for  the  gratification  of 
spurning  them.  Terry  had  no  intention  of  resigning. 
Ill  well  knew  that  it  would  make  little  or  no  diifer- 
(■iic(  with  the  Committee  in  the  disposition  of  his  ease. 
It  was  hanging  or  exile  the  Committee  were  tliiuking 
of,  cither  of  which  would  terminate  his  career  as 
associate  justice  without  any  action  on  his  part.  Yet 
the  ()pj>ortimity  of  a  refusal  to  I'esign  was  an  intense 
satisfaction  to  him.  Nor  could  the  insinuation  of 
Mrs  Teiry  do  any  harm;  for  in  the  first  place,  he,  the 
jmluc  iniglit  disclaim  any  knowledge  or  authoriza- 
tion of  it,  and  in  the  next  place  he  well  knew  tli;it 
any  such  expression  of  public  opinion  as  she  had  al- 
luded to  was  simply  impracticable.  It  was  all  done  for 
effect.  And  tlie  bait  took.  In  answer  to  the  nun- 
cios' question,  How  can  the  wish  of  tlie  ])eople  be 
ascertained  in  relation  to  your  commission?  Terry 
evasively  I'cplied  that  being  de[)rived  of  the  privilege 
of  seeing  liis  friends  he  was  not  jirepared  to  indicate 
any  manner  in  which  the  sense  of  the  people  could 
he  taken.  If  some  of  his  friends  might  be  perinitte<l 
to  s  e  him,  doubtless  a  satisfactory  determination 
iMivlit  be  arrived  at.  "  U})on  tnu)  thing  I  am.  Iiow- 
ever,  resolved,"  he  says  in  conclusion,  "tliat  I  vill 
not  resign  my  oflice  while  held  in  durance.  If  1 
leave  this  building  alive  I  leave  it  as  justice  of  the 


m 


JOHNSON  AND  HIS  GENTLE  GENERAL. 


su[iremo  court  of  the  state,  and  no  power  on  i  arth 
shall  clianixc  tlic  resolution." 

The  next  tliinj^  lor  the  ambassadors  to  do  was  U> 
find  the  friend  that  Jiidj^e  Terry  desired  to  see  wlnjia 
the  conmiittce  would  admit  to  his  presence.  Mr  A. 
P.  Crittenden,  a  man  of  rare  ability,  united  with  mild 
manners  and  a  truly  chivalrous  sense  of  honor,  was 
iinally  selected,  whom  the  Committee  granted  aicu^ss 
to  Terry's  cell.  The  correspondence  thus  far  was 
placed  in  Mr  Crittenden's  hands  and  the  utmost  se- 
crecy enjoined.  Crittenden  then  held  an  intorx  itw 
with  Terry  and  shortly  returned  Zabriskie  the  lollow- 
in^;  reply  to  the  question,  how  the  will  of  the  \H:u\)h 
was  to  be  ascertained:  "Let  the  offences  cliaii^^wl 
a;4ainst  me,"  said  Terry,  "be  submitted  to  a  ])ui)lic 
trial  before  an  impartial  jury,  as  speedily  as  may  he 
If  I  am  found  guilty  of  any  offence  whatever  1  will 
at  once  resign."  As  I  have  before  remarked,  there 
would  be  little  danger  to  the  hiy-h  ofiicial  in  this,  as 
Judge  Terry's  friends  wore  the  court  party.  Oiuc 
in  tlieir  hands,  with  twelve  men  of  their  .selection  oii 
the  jury  bench,  and  there  would  be  little  doubt  hiw 
the  case  would  go.  This  was  to  leave  it  to  llio 
pi'oj)le! 

As  a  matter  of  course  the  Executive  would  listen  to 
no  proposal  which  this  commission  was  enabUil  to 
nudvo,  either  from  Johnson  or  Terry,  and  the  govciii- 
or's  overtures  resulted  in  failure.  But  the  ailiiir  did 
not  end  here.  Colonel  Zabrisk'e  was  sensitively 
anxious  to  have  the  whole  matter  kept  quiet. 
Judge  Terry,  on  the  other  hand,  would  rather  it  wire 
known  that  he  had  been  asked  to  resign  and  would 
not.  At  Judge  Terry's  request,  the  written  re[)ly  to 
the  letter  of  Allen  and  the  Zabriskics  which  was 
given  Mr  Crittenden  rppeared  in  the  Sun  of  the  Stli 
of  July.  This  made  the  conunissioners  angry,  and  a 
newsjujpcr  controversy  between  them  and  ^ir  Critteii- 
den  followed.  Worse  was  yet  to  come.  The  governor, 
seeing  that  his  commissioners  luul  failed,  that  his  o\  cr- 


I  \ 


JUST  LIKE  JOHNSON. 


45S 


tuivs  were  mado  public,  and  his  friends  quarrdlin"; 
juiKUin'  themsolvcs  as  to  who  was  in  fault  for  the  pub- 
lititv  t)f  the  procecdin^fs,  determined  so  far  as  he  was 
coiiccnied  to  cut  loose  from  the  complication  by  i<4nor- 
iii4  the  whole  matter.  Governor  Johnson  now  came 
out  ill  the  public  journals  llatly  denying  ever  having 
aiitliorized  Allen  and  the  Zabriskies  so  to  treat.  This 
nutiually  mado  the  nuncios  very  indignant.  1\)  John- 
soiis  I'ace  they  denounced  his  dastardly  conduct  and 
iiiailc  the  most  solenni  asseverations  as  to  the  truth  of 
th(  if  statements.     And  the  people  believed  them. 

I  will  conclude  this  incident,  significant  as  it  is  of 
the  character  of  the  law  and  order  leaders,  with  the 
i'ulldwing  comment  of  the  California  Amevicnn:  "  We 
have  read  with  astonishment  the  rejily  of  (jlovcrnor 
Johnson  to  the  explanation  of  Colonel  Zabriskio  and 
( iciicral  Allen.  After  having  conferred  the  authority 
claimed  by  those  gentlemen  upon  two  distinct  com- 
mittees or  agencies  previously  appointed  by  the 
H()\eruor,  he  now  repudiates  the  authority  of  like 
cliaiactcr  claimed  by  those  gentlemen  and  which  no 
hniiest  man  can  doubt  the  governor  coni'erreil  upon 
tlirm. 

The  Nevada  Journal  of  the  18th  of  July  gives  the 
I'Dllowing: 

"A  QrESTiON'  or  Vkuacity. — The  papers  below  contain  a  canl  from  C(4onel 
J.  ('.  Ziibi'iskiu,  the  facta  of  which  are  corroborated  by  a  statement  of  (xcneral 
.lames  Alli'H,  in  which  (jovernor  Johnson  is  shown  up  in  ni>  veiy  enviable 
h^iit.  If  there  is  no  mistake  or  misunderstanding  between  tlie  guvernor  and 
tile  gentlemen  before  mentioned,  the  eiwe  is  an  awkward  one  for  the  exi'ciitive. 
Till'  facts  in  briif  arc  substantially  these:  (^nlnnel  Zabrislvic  and  (Icneral 
Alien  Were  empowered  by  the  goveriiur,  aeeonling  to  their  statiinnit,  wliieli 
is  entitled  to  i^very  credence,  to  proceed  to  Sau  Francisco  and  tieat  with  the 
Vi-iluiiee  t.'unimittee  for  the  liberation  of  Tciiy,  and  settle  as  fully  as  possible 
tile  existing  ditlieulties  between  the  p-'opl^and  the  authmitii's.  'Ihr  lia^-ison 
wliiili  the  negotiations  were  to  Ije  comlueteil  was,  the  f'nmiuittce  slmuM  de- 
liver TeiTyover  to  the  civil  authorities,  return  tiie  arms  of  the  state,  and  dis- 
haiiil.  In  eonsiileration  of  which  tlie  governor  would  reconinieud  llic  passage 
<if  a  general  amnesty  act  by  tlie  next  legislature,  and  use  his  iiilluenee  and 
i'nr.  power  in  him  V('sted  to  prevent  the  punishment  of  any  member  of  the 
Vi.,i!ance  Committee  lor  acts  connnitted  under  the  authority  of  such  Com- 
mittee. 


4ri0 


JOHNSON  AND  HIS  GENTLE  GENERAL. 


"  M(!H«ra  ZahriHkio  an<l  Allen  proceeded  to  San  Francisco  on  their  mi-- inn, 
hut  were  uniiuuueHtiful  in  coniie(iucnco  uf  tho  uitractublo  diH^iuijitioik  ut  I  <  iry 
hiniHelf. 

"Tlu!  Sun  puttlinhcd  tho  antliority  under  which  Zahriskie  and  Aili  a  were 
acting,  wiiicit  in<hicuil  tliu  editor  of  the  Erpnsa,  pubUsiied  at  Murjiivilli',  t« 
perMoniiliy  iiiterritguto  tho  governor,  who  wan  on  a  viuit  to  that  pluer,  us  to 
wlietlier  the  two  gentlemen  named  were  acting  on  their  own  resiKjn.siliility  i,r 
hiti.  'J'he  reply  was,  they  were  acting  on  their  own.  Al>f»nt  the  hiiiiic  time 
tile  governor  addrcHsed  a  note  to  ZabriHkiu  and  Allen,  demanding  the  eontini- 
diction  of  the  report  in  circulation,  that  ho  had  vested  them  with  powns  tu 
settle  the  ditliculties  in  Sau  Francisco.  This  called  out  a  rejoinder,  in  whwU 
it  Wiis  explicitly  and  em|iiiatical!y  declared  that  the  two  gentlemen  wcri'  im. 
powered  by  tho  governor  to  settlo  the  difljculties  named.  Anotiier  iiutc  w-m 
addrcHsed  to  the  governor  hy  (len(!ral  Allen  and  Colonel  ZuUriskie,  di'iiiiiiiilini; 
that  he  bhould  put  a  8to|>  to  tho  dirty  iunuendoea  in  circulation  conccniiii;,' 
them,  by  publishing  forthwith  an  explicit  statement  of  tho  power  he  cont'cniil 
upon  thi'Mt  a.i  hi.s  agents,  and  threatened  that  ludess  he  di<l  so,  they  Mmilil, 
To  this,  as  well  as  to  several  previous  notes,  < Jovernor  Johnson  made  un  i cply. 

"  In  justice  to  himself  Colonel  Zabriskic  has  been  compelled  to  niido'  tiiv 
facts  public,  thougli  the  step  i.i  a  painful  one  to  the  man  and  the  fatlicr.  TIa' 
govei'uor  repudiates  the  authority  ho  conferred  upon  his  agents,  or  r.itlier 
denies  having  investeil  them  with  any  [xiwer  to  treat  witli  the  Xigiluucc  Cnji- 
niittec  at  all.  Colonel  Zabriskic  and  General  Allen  are  willing  to  <iualiiy  lit 
the  most  solemn  manner  to  tlie  truth  of  their  statements,  and  thus  the  niMttir, 
at  this  writing,  stands.  The  governor  had  made  himself  suliicicntly  ridiiiiluiis 
before,  but  tiie  latest  developments  make  him  perfectly  contemptible.'' 

No  true  history  of  this  inovouioiit  can  Iohlj  leave 
hidtk'ii  so  iun)oitant  a  pcrsonago  as  tho  <^ovcrii(iis 
gentle  general,  ^^»lney.  Before  he  danced  in  full 
urinor  as  one  of  the  Salii  priests  to  the  governor's 
Mars,  Howard  had  borne  the  reputation  of  a  taleiittd 
lawyer  and  a  good  citizen.  More  active  in  this  in- 
stance than  Sliennan,  he  was  less  efficient,  indeid 
hariuless,  and  take  him  all  in  all,  ho  was  a  man  after 
the  governor's  own  heart.  He  now  seemed  drtcr- 
miiietl,  if  it  lay  in  his  power,  to  drive  the  issue  to  a 
swift  (K'termination.  He  would  stir  up  the  cities  of 
the  interior,  if  possible,  to  subjugate  the  bay  city. 
He  Would  save  Terry's  life  and  heal  Johnson's 
wounded  honor.  He  would  save  the  state,  save  llic 
union,  save  humanity.  This  would  surely  be  com- 
mendable action,  which  the  people  would  praise  and 
posterity  apothet)size.     After  the  collision  of  Satur- 


HOWARD  IX  SACRAMENTO. 


(l;iv  ill  which  ho  endeavored  unsucresHfully  to  play  a 
cM;iis|)i(iious  i»art,  ho  left  by  way  of  NajKi  loi*  Sacra- 
iiK  iito,  wliorc  ho  arrived  Monday  niglit.  Jninn'<liately 
j),)>t(  IS  iiil'onned  the  citizens  of  Sacramento  (liat  tliey 
\\»»iil(l  ho  addressed  by  (ieneral  Howard  at  half-past 
ojnlit  in  front  of  the  Orleans  Hotel.  At  tlie  «p- 
|)(iiiiir»l  hour  a  large  crowd  collected  altout  the  place. 

Howard  mounted  the  stand,  and,  so  far  as  the  con- 
tiiiiird  interruptions  would  permit  him,  iiiado  a  most 
iiillaiiiinatory  sj)eech.  **  Fellow-citizens,"  he  said,  "wo 
arc  ill  Ihe  midst  of  a  revolution,  wo  are  in  (he  midst 
of  a  (•••iiilict,  and  we  nmst  never  cease  tlie  strutri^lo 
ill  liflialf  of  the  right,  or  wo  go  out  of  the  union. 
Every  act  conunitted  by  the  Vigilance  ( 'oiiimittec;  is 
a  stain  and  an  insult  upon  the  state.  Vi'hat  is  the 
case?  One  of  the  most  illustrious  citizens  <»f  liio 
state,  one  who  has  been  elevated  to  one  of  the  highest 
and  most  important  positions  within  the  gift  of  the 
j>e(i])li',  a  man  of  unimpeachable  and  uuMemislu'd 
chaiiuter,  one  whom  the  people  delighted  to  honor, 
lias  been  ruthlessly  seized  and  thrust  into  a  (hmgeoii 
by  a  set  of  men  styling  themselves  the  Vigilance 
('(•iiimittee.  He  has  been  assaulted  in  the  streets  in 
atteiii[)ting  to  execute  the  right  of  every  (itizen,  and 
thrust  ignominiously  into  a  loathsome,  dark  (hmgeon." 

*'\V]i()  is  lie?  Whom  do  you  mean?"  cried  the 
ci'owd. 

"  He  is  a  man  Icnown  to  you  all,"  said  the  speaker; 
"lie  is  Judge  Terrv." 

"Let  him  stay  .it  homel  What  business  has  a 
judge  to  mix  hhnself  up  in  street  rows^'  exclaimed 
the  impudent  crowd  amidst  great  confusion. 

Drawing  a  paper  IVom  his  pocket  Howard  said: 
"J  take  one  thing  for  granted,  tiiat  you  are  willing  to 
liear  the  truth;  that  there  is  in  this  crowd  no  man  so 
eowardiy  or  so  mean  that  ho  is  not  willing  to  hear  tho 
facts." 

"What  paper  is  that?" 

"This  pa])er  is  conducted  by  a  man  you  may  do- 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


// 


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23  WEST  MAIN  STREET 

WEBSTER,  1'i  y.  ^  4580 

(716)  872-4&0J 


6^ 


45S 


JOHNSON  AND  HIS  GENTLE  GENERAL. 


nouucc  and  pretend  to  despise,"  continued  the  ,spou];er, 
"a  man  of  unquestionable  courage,  and  one  wliom  in 
your  hearts  you  must  respect — John  Nugent  of  the 
Herald." 

Loud  laughter,  deafening  shouts,  hooting  and  oLip- 
ping  of  hands  followed  amidst  cries  of  "Give  us  an 
impartial  paper!    Read  from  the  Union T 

**  Fools  and  cowards  may  laugh  at  it,  but  honest 
men — "  Here  the  speaker  was  interrupted  by  a  storm 
of  shouts  and  laughter. 

"I  know  that  a  few  men  have  been  hired  and 
especially  delegated  to  come  here  to  interrupt — " 

"They  are  nine  tenths  of  Sacramento!" 

Finally  exasperated  beyond  endurance  Howard 
shouted,  "You  are  a  set  of  vile  cowards!"  And  a 
general  battle  of  blackguardism,  dirt-throwing,  and 
epithet-hurling  between  the  speaker  and  the  crowd 
set  in.  A  singular  method,  one  would  think,  by  which 
a  wise  man  would  attempt  to  make  converts;  as  wise 
as  that  adopted  by  the  learned  supremo  justice,  who 
attempted  to  crush  a  community  organized  for  the 
prevention  of  crime  by  stabbing  one  of  its  members. 

Commenting  upon  this  meeting  the  Union  says: 
"Mr  Howard  instead  of  arousing  any  enthusiani  for 
the  cause  of  despotic  rule  and  the  butchery  of  the 
people,  which  he  advocated,  succeeded  most  eftectu- 
ally  in  bringing  the  law  and  order  party  lower  in  the 
estimation  of  good  men  than  before,  and  completely 
floored  Major-general  Volney  E.  Howard  in  their 
eyes.  He  did  have  a  reputation  as  a  man  of  talents 
before  he  made  that  speech;  he  did  succeed  in  con- 
vincing those  who  heard  him,  that  he  was  not  half 
ecjual  to  his  reputation. 

"These  Texas  men  appear  to  think  that  the  free 
men  of  this  state  can  be  driven  like  Indians  on  the 
western  border  of  that  state,  at  the  point  of  a  few 
hundred  bayonets.  They  thought  at  first  that  iivu 
hundred  men  would  be  as  many  as  they  would  need. 
They  flattered  themselves  that  the  *Bhop-kcepers'  of 


THE  I.\'TEPJOR  JOUr.NALS. 


450 


t,i. 


San  Francisco  would  not  fight,  that  they  would  run 
if  a  handful  of  brave  men  presented  themyelves  before 
tiH'in.  These  San  Francisco  men  did  not  belong  to  a 
flighting  stock,  because  they  were  peaceably  attending 
ti»  tlioir  own  business,  did  not  walk  the  streets  with 
jtistol  and  bowie-knife  on  their  person,  and  had  not 
];ill('(l  nor  shot  their  man  in  a  street  light.  Upon 
this  ])oint  Judge  Terry  and  General  Howard  have 
]iiol)ably  changed  their  minds  since  one  was  captured 
])}■  the  Committee  and  the  other  had  his  little  army 
ami  their  arms  taken  before  his  very  eyes,  while  he 
(I.  Lined  that  duty  or  prudence  required  him  to  beat  a 
retreat  from  the  city."  True.  And  like  the  explo- 
sive force  in  gunpowder  as  compared  with  the  ciacking 
of  thorns  under  a  pot,  quiet  men  are  as  a  rule  the 
most  dangerous  element  when  aroused;  and  often  the 
slowest  to  enter  a  fight  are  likewise  the  slowest  to 
leave  it. 

"Could  a  gentleman  or  a  man  of  honor  be  persuaded 
to  have  uttered  such  a  tissue  of  lies,  misrepresentations, 
and  slanders  as  came  from  this  infamous  libeller  at  the 
meeting  on  Monday  night!"  exclaims  a  journalist. 
"Ibnvard's  billingsgate  language  towards  the  mem- 
bers  of  the  Committee,  more  especially  his  slander 
tliat  the  noble -hearted  Frenchmen  who  with  other 
adopted  and  alien  citizens  have  ventured  their  all  in 
sin)port  of  the  common  cause  are  convicts,  is  an  in- 
famous lie;  and  he  knows  it." 

From  Sacramento  General  Howard  proceeded  to 
J?lacerville,  but  finding  the  public  pulse  boating  low 
tor  law  and  order  in  that  quarter,  he  left,  without  at- 
tempting an  address,  for  Coloma.  Even  there  he 
failed  to  obtain  a  hearing. 

.'Jays  the  Nevada  Journal:  "  Volney  E.  Howard,  a 
San  Franciscan,  has  been  selected  by  our  governor  to 
take  command  of  the  thousands  whose  brave  hearts 
are  stirred  by  his  belligerent  proclamation,  coming  from 
the  counties  of  Sierra,  Nevada,  Placer,  EI  Dorado, 
Amador,  and  Sacramento.     It  is  quite  likely  in  any 


4C0 


JOHXSON  AND  HIS  GEXTLE  GEXERAL. 


decent  emergency,  the  people  of  the  district  had  just 
as  hcvo  be  commanded  by  a  resident  general,  but  as 
it  is,  it  is  a  matter  of  congratulation  to  us  that  there 
is  a  scarcity  of  the  timber  in  this  division  out  of  which 
such  commanders  are  made.  Williams,  he  that  sliut 
Bourland,  an  unarmed  man,  and  he  knew  him  to  be  so 
at  the  time,  has  been  dubbed  brigadier-general  for  the 
emergency.  He  will  make  a  good  subject  to  command 
the  second  brigade.  Law  and  order  is  most  beauti- 
fully exemplified  in  him,  and  will  be  most  signally 
enforced  by  his  commands." 

"  The  ill  success  of  the  trip  of  V.  E.  Howard  into 
the  interior  in  sea?'ch  of  recruits  for  the  law  and 
murder  army,"  says  the  Bulletin  of  July  24th,  "  lias 
quite  discomiited  the  leaders  in  the  movement  against 
the  people's  interests,  and  places  the  military  chieftain 
who  indited  a  bombastic  letter  to  Governor  Johnson, 
after  his  defeat  in  this  city,  in  a  most  ridiculous  posi- 
tion. The  workers  in  this  scheme  of  iniquity  aiv, 
how^cver,  indefatigable.  They  have  printed  a  circular 
addressed  to  persons  living  in  the  interior,  a  copy  of 
which,  found  folded  in  one  of  the  unscrupulous  sheets 
devoted  to  law  and  murder,  has  been  handed  us.  Over 
it  is  M-rittcn,  'To  be  signed  by  all  who  approve.'  Wc 
do  not  apprehend  that  the  number  of  signatures  ob- 
tained has  yet  reached  a  very  alarming  figure.  What 
a  mass  of  bombast  1  We  are  informed  that  General 
Volney  E.  Howard  is  a  guest  of  General  Estell  at  the 
state-prison,  where  they  both  properly  belong.  He 
made  a  speech  of  three  hours,  to  about  twenty 
hearers,  at  San  Rafael,  on  Tuesday  last." 

But  what  could  Howard  say  against  the  Vigilance 
Committee?  Listen  to  him,  and  remember  that  hith- 
erto this  man  had  enjoyed  a  reputation  not  only  for 
common  sense  and  common  honesty,  but  for  ability  and 
respectability.  "I  say,"  he  exclaimed  vehemently, 
amidst  great  laughter  and  hissing,  "  because  Casey 
killed  King  they  hung  Cora.  Now,  fellow-citizens, 
when  Cain  killed  Abel,  did  the  Almighty  kill  Cain  / 


VOLNEY'S  ORATION. 


m 


Xo,  lie  put  a  mark  upon  him  and  sent  lilm  away. 
]]ut  this  Vigilance  Committee  is  greater  and  wiser 
than  the  Almighty.  They  know  more  and  know 
better  how  to  punish.  Ah,  fellow-citizens,  the  time 
is  at  hand,  the  time  is  at  hand  when  these  green-gro- 
cers, these  venders  of  sour  flour  and  cornccl  pork  will 
liave  to  look  to  their  necks!  They  are  already  quar- 
iclling  among  themselves,  and  I  should  not  be  sur- 
prised any  day  that  they  had  broken  out  into  deadly 
strife  and  killed  a  thousand  men!  Has  not  this  de- 
testable organization  set  father,  son,  brothers,  rela- 
tives all  against  each  other?  Has  it  not  stopped  all 
l)usiness  ?  Go  down  to  the  city  now  and  see.  If  the 
streets  were  not  made  of  rotten  plank,  the  grass  would 
1/0  orowinjj  in  thum.  Before  three  weeks  the  failures 
will  astonish  you  all,  for  they  must  come,  and  soon. 
Xow,  they  want  the  officers  to  resign;  and  for  what? 
That  they  can  deal  their  places  out  to  some  of  their 
own  gang.  Yes,  they  begin  to  fear  for  their  necks. 
They  begin  to  think  about  disbanding,  and  with  the 
])resent  officers  in  power  they  know  it  won't  do.  Now, 
if  they  can  get  the  officers  out,  and  their  own  party 
in,  they  can  disband  with  safety;  for  they  know  they 
are  just  as  bad  and  just  as  likely  to  be  hanged  by  the 
laws  as  Casey  and  Cora  were  by  them.  They  talk 
of  holding  out  till  election  time.  You  see,  then,  that 
the  whole  thing  is  turned  into  a  great  political  ma- 
chine, by  which  they  intend  to  control  the  elections, 
and  get  in  their  own  party.  The  spoils  of  the  officers 
will  help  to  remunerate  them  for  their  losses  in  at- 
tending to  the  Committee  business.  The  spoils  of 
office  will  be  a  fat  morsel  for  those  sour-flour  dealers, 
who  have  lost  their  all  by  some  flour  monopoly  specu- 
lation. They  must  be  paid  in  some  w'ay,  and  there  is 
no  other  way  left  them.  Now,  gentlemen,  why  have 
they  not  struck  at  the  root  of  the  evils  they  talk 
about?  They  have  sent  oft'  a  few  of  the  poor  tools, 
but  they  dare  not  put  their  linger  on  the  great,  the 
moneyed  men.     They  dare  not  touch  them.    Shame ! 


462 


JOHNSOX  AXD  niS  GENTLE  GENERAL. 


Shame  on  them!  Now,  there  is  David  S.  Tcirv. 
What  lias  ho  done  to  bo  treated  in  the  manner  ])(!  is 
treated?  I  say,  nothing.  I  have  known  him  shieo 
he  was  a  boy,  and  he  is  above  reproach.  The  luau 
Hopkins  they  prate  so  mueh  about,  with  a  scratcli  ou 
his  neck,  I  say  a  mere  scratch,  made  by  Terry  it  is 
true,  but  it  is  also  true  that  he  had  a  right  to  do  it,  a 
right  to  defend  himself.  For  this  he  is  incarcerated 
in  a  duncreon,  without  even  bcinor  allowed  the  (mii- 
soling  presence  of  his  dear  wife.  Did  the  annals  of 
history  ever  show  such  cruelty,  such  revenge?  Why, 
the  French  revolution  was  nothing;  to  itl" 

These  worda  were  hardly  worthy  of  General  How- 
ard, who,  pleasantry  aside,  possessed  a  warm  heart  and 
a  good  head.  But  many  heads  on  both  sides  wcie 
turned  durinsr  these  excitini'  times — more  cxcitiuj; 
than  were  found  in  many  localities,  throughout  (lif 
civil  war  which  followed. 

The  day  of  the  attempted  insurrectionary  meeting 
before  the  Orleans  Hotel,  a  pronunciamiento  addressed 
to  Governor  Johnson  by  Howard  against  the  Han 
Francisco  Vigilance  Committee  appeared  in  the  col- 
umns of  the  State  Journal.  This  document  reviews 
the  affairs  of  the  last  fortnight,  since  which  tiuio 
Howard  had  been  in  command  of  Johnson's  forces,  in 
the  same  spirit  of  candor,  sound  logic,  and  truthlul- 
ness  which  characterized  most  of  the  affirmations  of 
the  law  and  order  cabal.  Lest  I  should  fail  to  do  him 
justice  I  will  permit  General  Howard  to  plead  tlio 
cause  of  his  party  and  denounce  his  opponents,  so  far 
as  I  have  the  space  to  spare,  in  his  own  words.  It 
may  be  remarked  en  2'>ctsmnt  that  there  is  a  remark- 
able similarity  in  all  the  law  and  order  literature  of 
the  period.  What  it  lacked  in  reason  it  made  up  in 
roaring,  and  if  veracity  were  wanting  vehemence  and 
vituperation  were  not.  The  reader  will  readily  detect 
minor  misrepresentations  from  wilful  mendacity;  for 
it  was  utterly  impossible  for  men  on  either  side,  with 
passions  at  fever  heat,  at  all  times  to  control  their 


THE  SECESSION  ABSURDITY. 


K» 


toni^ue,  ami  present  only  sound,  logical  arguments  in 
temperate  language.  Strange  how  diflfercntl}'  men 
of  ('(lual  intelligence  and  ability  regard  the  same  mat- 
tor! 

After  reviewing  the  events  of  the  previous  Satur- 
day, at  which  time  he  made  an  unsuccessful  attempt 
tliiou'jh  Mr  Coleman  to  obtain  the  release  of  Terrv, 
he  recites  the  crimes  of  the  Committee  in  the  follow- 
ing words:  "The  circumstances  connected  with  this 
movement  arc  such  as  to  leave  no  doubt  in  my  mind 
that  tlie  insurgents  aim  at  nothing  less  than  an  entire 
overtliow  of  the  state  government  and  secession  from 
the  federal  union." 

So  utterly  absurd,  so  far  removed  from  the  thought 
of  any  member  of  the  Committee,  was  this  idea,  that 
I  doom  it  w^ords  wasted  to  refute  it.  I  would  only 
say  that  this  accusation  was  persistently  promulgated 
by  law  and  order  journals  and  speakers,  day  after  day, 
until  one  would  think  that  they  in  reality  began  to 
holieve  it,  but  I  cannot  so  outraije  their  understandinjj: 
as  to  give  them  credit  for  sincerity.  The  business 
men  of  San  Francisco  secede  from  the  union  because 
certain  human  vermin  infest  their  streets! 

To  [)roceed:  "If  it  had  been  their  purpose  to  dis- 
l)and  in  a  short  period,  they  "would  not  have  com- 
mitted piracy  by  robbing  a  vessel  of  a  small  quantity 
of  arms  upon  the  bay.  They  would  not  subsequently 
have  levied  actual  war  upon  the  state  by  surrounding 
tlie  armories  by  a  large  military  force  and  seizing  tlio 
state  arms  and  making  prisoners  of  the  men  guarding 
them,  especially  as  they  knew  that  your  orders  were 
that  I  sliould  act  on  the  defensive,  and  that  I  had  no 
])ower  or  means  to  pursue  any  other  lino  of  conduct. 
It  must  be  obvious  to  all  men  of  discernment,  that 
this  lawless  association  has  proceeded  from  one  crime 
and  outrage  to  another  until  they  have  arrived  at  tho 
conclusion  that  there  is  no  safety  for  their  leaders  but 
in  revolution  and  a  separate  government  on  the  Pa- 
cific.    Thoy  have  committed  treason,  murder,  piracy. 


4G4 


JOHNSON  AND  HIS  GENTLE  GENERAL. 


Ill 


and  the  felony  of  kidnapping.  They  have  violentlv 
and  with  f(  >rcc  of  arms  trodden  down  the  authority  of 
the  executive  and  judiciary.  They  have  at  the  point 
of  the  bayonet  resisted  the  execution  of  the  writ  of 
habeas  corpus,  for  ages  justly  considered  the  bulwark 
of  personal  liberty.  They  have  assembled  around  the 
jail  of  the  county  of  San  Francisco  large  numbers  of 
armed  men  and  planted  a  cannon  against  the  front, 
and  thus  compelled  the  surrender  of  two  persons 
therein  detained  in  the  custody  of  the  law,  whom 
they  have  since  put  to  death  without  legal  trial  or 
the  forms  of  judicial  proceedings.  They  have  with- 
out a  warrant  or  any  other  process  of  law,  forcibly 
searched  the  houses  of  honest  and  peaceable  citizens 
at  the  dead  hour  of  night,  outraging  families  and  ter- 
rifying defenceless  females.  For  nearly  six  Meeks 
they  have  trampled  down  by  an  armed  military  des- 
potism in  San  Francisco  every  constitutional  right 
secured  to  the  citizens  by  magna  charta  and  the  bill 
of  rights.  They  have  robbed  us  of  the  heritage 
earned  for  us  by  the  labors  and  suflferings  of  the  sages 
and  patriots  of  1776.  They  have  erected  in  the  heart 
of  the  commercial  metropolis  a  fortification  filled  with 
armed  men  to  overawe  the  citizens  and  the  civil  au- 
thorities. By  day  and  by  night  they  paraded  in  the 
streets  large  bodies  of  armed  men,  and  San  Francisco 
presents  continually  the  appearance  of  a  city  in  the 
possession  of  a  foreign  foe.  And  it  is  so,  practically. 
It  is  well  known  that  the  Vigilance  Committee  have 
armed  and  hired  a  large  body  of  foreign  mercenaries 
to  shoot  down  the  officers  and  citizens  of  the  state  in 
discharge  of  the  duties  cast  upon  them  by  the  la\\s 
and  their  oath  of  office." 

After  a  column  or  so  in  this  strain  he  assumes  a 
loftier  tone.  "What  right,"  he  exclaims,  "have  such 
men  to  kidnap  one  of  the  judges  of  the  suprem>!  court, 
a  gentleman  who  is  the  soul  of  honor  and  truth?  How 
dare  these  traitors  thrust  Dr  Ashe  into  their  dungeon, 
erected  at  the  expense  of  their  creditors,  a  'gentiemau 


INGLORIOUS  FAME. 


m 


\\]\n  liad  committed  no  offence,  and  upon  whoso  integ- 
rity tile  mildew  of  calumny  has  never  for  a  moment 
rested?  Are  the  people  of  California  descendants  of 
nun  wlio  can  guard  liberty  with  their  swords,  or  some 
liiistard  race  reduced  to  slavery  on  the  shores  lA'  the 
Piicilic  by  shopkeepers  and  merchants?  When  shall 
wo  .ill  be  sold  in  market  to  pay  their  debts  in  New 
York  and  Boston?" 


Fop.  Tbib..  Vol..  II.    30 


11:: 


■Ml 


CHAPTER  XXVII. 


THE  VERDICT. 

It  was  therefore  of  little  immediate  consequence  that  man  shouM  stand 
upright  in  token  of  hia  dominion. 

LolZK 


Guilty,  and  the  prisoner  to  be  discharged! 
is  the  paradoxical  verdict.  Guilty;  and  discharnxdl 
That  is  as  the  people  first  hear  it.  Terry  at  laioc! 
Freel  Discharged  by  his  judges  who  found  liim 
guilty.  Nonsense!  No  wonder  men  smile  incredu- 
lously when  first  they  hear  of  it.  Oh,  no!  Bctoiv 
they  can  be  made  to  believe  that  of  the  executiw: 
committee,  the  people's  pride  and  city's  honor,  tlic 
morning  sun  must  first  project  black  rays  against  tlio 
vaulted  blue.  No,  indeed !  These  men  are  not  traitors: 
they  are  not  cowards,  nor  venal  venders  of  puljlic 
morality.  Never  would  they  yield  to  threats,  nor  sell 
justice  at  a  price. 

And  yet  it  is  true.  These  judges  in  whom  but 
yesterday  all  placed  such  unbounded  confidence,  hy 
whom  these  weeks  past  all  good  citizens  have  stood 
and  beside  whom  they  were  ready  to  die,  themsulves 
j^ronounce  him  guilty;  and  then  as  if  in  the  shauio- 
ful  execution  of  some  dastardly  conspiracy  they  sur- 
reptitiously discharge  their  too  illustrious  prisoner,  in 
the  opaque  early  morning,  even  guarding  him  froi.i 
popular  vengeance  in  his  escape.  'Tis  too  outrageously 
true. 

Such  wr.s  the  feeling  on  all  sides  among  the  vigilant 
ranks  and  among  the  people,  everywhere  except  aiiionn' 
the  opposition,  who  of  course  were  jubilant.     Sonio 

(466) 


THE  COMMITTEE  CURSED. 


ir,7 


wore  sick;  others  were  angrily  sore  about  it.  Xor 
(lid  tlicy  hesitate  to  curse  tlic  Executive  as  men  of 
milk  Jiiul  water,  as  frightened  foohsh  cowards.  Xews- 
pa])(.rs  cursed  them.  Those  who  had  contributed  ihv'w 
thousands  to  supjjort  the  movement  cursed  them.  }  le 
\\\\i>  had  played  the  common  soldier  through  the  long 
night  watches,  who  had  neglected  his  business  and 
family,  and  had  drilled  and  marched  and  conl'ronti'd 
(lander  for  nothing  on  earth  but  his  inherent  love  oi' 
truth  and  virtue — he  cursed  them.  Indeed,  never 
wvvv  good  men  so  blasphemed  in  California. 

The  people  were  sorely  disappointed ;  tiieir  hearts 
sank  within  them.  All  was  lost.  They  would  n.)t 
give  a  copper  for  the  cause  after  that.  Honor  v.ms 
gone;  prestige  was  gone;  all  the  hanging  and  bani;>Ii- 
mcnt  hitherto  had  been  done  in  vain.  Then  how  well 
it  sounded.  Brave,  honorable  men;  hang  your  little 
(  aseys  and  Coras,  banish  your  Sullivans  and  your 
^lulligans,  but  the  judge  of  the  supreme  court, 
Itt  him  go.  Bah!  Talk  no  more  of  justice  or  in- 
tegrity. 

This  man  had  left  his  seat  in  the  highest  legal 
tribunal  of  the  state,  had  left  the  capital,  the  city  of 
his  residence,  had  come  to  San  Francisco  for  the  ox- 
jiress  purpose  of  precipitating  a  bloody  collision  be- 
tween the  Committee  and  the  state  authorities,  and 
had  so  forgotten  himself  and  the  dignity  of  his  higli 
otlice  as  to  mingle  in  a  street  aftray,  in  a  matter  about 
Mliicli  it  was  far  from  his  duty  to  concern  himself, 
and  finally  to  resort  to  the  use  of  a  deadly  weapon 
upon  a  man  who  was  seeking  to  do  him  no  harm. 
And  this,  all  as  the  part  of  a  general  plan,  in  wliicli 
the  weak  Johnson  and  the  mighty  Howard  were  con- 
spirators. 

And  yet  he  could  neither  be  hanged  nor  banished. 
It  was,  indeed,  exasperating. 

Says  one  of  the  people's  organs  on  the  subject: 
"  Had  Hopkins  been  murdered  by  one  of  Terry's  or 
Howard's  misguided  ignorant  tools,  and  the  Connuit- 


4CS 


THE  VERDICT. 


!■    . 


W 


too  liad  merely  banislR-d  liim  the  country,  wo  wnulil 
not  have  inuriiiured.  l^ut  we  look  on  .liidtro  Tiiiv 
in  a  different  li^lit.  Ho  is  a  man  of  education,  nf 
jiosition,  and  wealth.  He  should  have  known  hcttLi-, 
Nothini^  hut  an  unhridled  passion  and  a  wieked  jim- 
hition  for  politi<'al  advancement  governed  hoth  How- 
aid  and  Terry  in  tliis  affair." 

And  thus  another:  "The critical  period  has  arrived 
for  the  }j^eneral  body  of  the  Vigilance  Comniittfj 
to  act.  The  self-constituted  executive  hody  of  that 
conmiitteo  have  managed,  or  rather  mismanaged  its 
affairs  in  the  most  scandalous  manner,  especially  of 
late.  The  only  remedy  tliat  now  remains  is  for  tlic 
betrayed  members  of  the  body  to  reorganize  them- 
selves and  elect  an  executive  body  of  tried  men,  I'cu  (T 
in  number,  but  with  stout  hearts  and  clean  hands- 
men  who  understand  what  an  historical  crisis  is." 

The  trial  closed  at  eleven  o'clock  Tuesday  eveniii'^^, 
the  2 "id  of  July,  having  lasted  twenty-five  days;  but 
when  we  consider  that  sessions  were  held  every  day 
including  Sundays,  and  that  nearly  every  day  thcif 
were  two  sessions,  we  may  leave  out  the  few  days  in 
which  this  case  was  not  brought  up  and  still  Iiavu 
equivalent  to  two  full  months  of  ordinary  court  pro- 
ceedings expended  upon  this  trial. 

In  closing.  Judge  Terry  pleaded  his  own  cause,  and 
Mr  Smiley  spoke  i'c:  the  people.  The  following  oath 
was  then  taken  by  each  member  of  the  executivt' 
connnitteo :  "  We  hereby  pledge  our  sacred  honor  to 
God  and  ourselves,  never  to  divulge  the  votes  taken 
in  our  verdicts  rendered  in  the  trial  of  David  S. 
Terry  to  any  living  being  outside  this  room.  So  ]iv\[) 
us  God." 

It  was  agreed  that  three  fifths  of  the  number  <>f 
votes  cast  should  bo  required  to  convict.  On  the 
first  count  of  the  indictment,  that  of  resisting  an  of- 
ficer of  the  Committee  while  in  the  discharge  of  his 
duty,  the  prisoner  was  found  guilty.  On  the  second 
count,  that  of  assaulting  Sterling  A.  Hopkins  with  a 


TTin  Sr^VIT.AL  COUXTS. 


4G0 


(lo.idly  woapon,  with  intent  to  kill,  the  jtrisoncr  v.-r.s 
i\)\uu\,  l»y  tlio  executive  connnittee,  j^milty  of  the  assault 
oiilv;  the  tleleu^ates,  however,  as  wo  shall  see,  nwulo 
liiiii  .^'iiilty  of  the  entin*  eharj^e.  On  the  thiivl  count, 
tlint  of  an  attack  on  Evans,  the  jirisoner  was  found 
IK  it  ,<.n'ilty  by  tlie  executive  connnittee.  The  hoard 
cf  delegates  dismissed  this  charge.  All  the  other 
(•!i;!rnvs,  except  the  seventh,  on  which  he  was  found 
guilty,  were  dismissed  by  the  executive  connnittee. 

( )u  all  the  charges  but  the  second  the  Executive 
liad  in>  difficulty  in  arriving  at  a  decision.  The  vote 
OH  this  charge  was  postponed  till  next  day,  the  20(1, 
wlicii  it  was  ordered  that  if  after  the  third  ballot  no 
vti'dict  was  found  a  connnittee  of  conference  should  l>o 
a|»|M)inted  to  determine  some  plan  of  auirablo  settle- 
nil 'lit.  The  vote  was  then  taken ;  when  the  prisijner  was 
Inuiid  guilty  of  the  assault  only.  This  did  not  at  al! 
•nit  the  board  of  delegates  who  fo-i'id  hiiii  i>uill  y  al 
^'I'.itire  charge.  The  matter  of  j)unishme;it  \uis  mado 
thi!  special  order  for  12  o'clock  on  Thursd.iy  the  24th. 
The  grand  marshal  was  directed  to  call  together  the 
bfiaid  of  delegates  for  Friday  at  eleven  o'clock. 

Thus  of  every  important  charge  the  prisoner  wns 
found  guilty,  nevertheless  it  was  iletermined  to  ])ass 
iiMon  him  the  following  sentence:  "That  David  S. 
T(.!Ty  having  been  convicted  after  a  full,  fair,  and  ini- 
])artial  trial,  of  certain  charges  before  the  Connnittee 
of  ^'igilance,  and  the  usual  punishment  in  their  power 
t(j  inflict  not  being  applicable  in  the  present  instance; 
Tlier-efore  bo  it  declared  the  decision  of  the  Conunit- 
\ve  of  Vigilance,  that  the  said  David  vS.  Terry  be  <lis- 
cliargcd  from  custody;  and  also,  Resolved,  that  in  the 
opinion  of  the  Committee  of  Vigilance  the  interests 
of  the  state  imperatively  demand  that  the  said  David 
S.  Terry  should  resign  his  position  as  judge  of  the 
supreme  court.  Resolved,  that  this  resolution  be  read 
to  David  S.  Terry,  and  he  forthwith  be  discharged 
iVom  the  custody  of  the  Committee  of  Vigilance  on 
this  being  ratified  by  the  board  of  delegates." 


470 


THE  VERDICT. 


The  board  of  delcf^ates  met  pursuant  to  the  call  of 
the  grand  marshal,  Friday  morning,  the  25th  of  July, 
at  eleven  o'clock.  By  invitation  Mr  Coleman  oc(ni- 
pied  the  chair.  At  the  calling  of  the  roll  one  hundix  d 
members  answered  to  their  names.  After  disposing 
of  certain  miscellaneous  business  the  case  of  Tony 
was  brought  up  and  the  evidence  on  both  sides  Avas 
read;  also  Terry's  statement  in  his  own  defence,  and 
linally  the  verdict  of  the  Executive. 

A  motion  was  then  made  and  lost  that  the  (klo- 
gates  concur  in  the  verdict  of  the  Executive,  followed 
by  a  motion  which  carried,  that  the  board  of  dele- 
gates take  a  vote  on  each  count  of  the  indictment  nnd 
verdict  of  the  executive  committee  separately.  The 
verdict  of  guilty  on  the  first  count  was  confirmed  l)y 
a  vote  of  ninety-five  ayes  to  two  noes.  The  verdict 
of  guilty  was  found  on  the  second  charge  by  a  vote  of 
eighty-eight  ayes  to  eight  noes,  the  words  in  the  find- 
ing "of  the  assault"  being  stricken  out.  The  action 
of  the  Executive  on  the  other  counts  was  confiriue:!; 
all  except  the  one  charging  an  assault  on  J.  H.  Purely, 
which  was  expunged. 

Several  meetings  of  the  delegates  now  took  place, 
in  which  the  case  of  Terry  was  not  brought  iro. 
^leanwhile  the  utmost  persuasion  on  the  part  of  those 
in  favor  of  sustaining  the  Executive  verdict  failed  to 
induce  the  board  to  acquiesce.  Finally,  at  a  meeting 
held  the  evening  of  the  31st  of  July,  ninety-two  being 
present,  out  of  which  number  seventy-nine  only  were 
allowed  to  vote,  the  remainder  not  having  heard  tlio 
testimony  read,  the  case  of  Terry  was  again  bi ought 
up,  when  it  was  resolved,  the  Executive  concurring, 
that  he  "be  banished  from  this  state  on  the  shortest 
])ossible  notice,  under  the  usual  penalty."  The  whole 
matter  was  then  referred  back  to  the  executive  com- 
mittee, with  the  request  that  the  Executive  should 
meet  the  board  of  delegates,  and  the  two  bodies 
shoidd  act  in  joint  convention  until  the  vexed  ques- 
tion should  be  settled. 


THE  BOARD  OF  DELE-? AXES. 


471 


The  5tli  of  August  the  delegates  called  on  the  Ex- 
ecutive in  a  body  to  learn  their  views  in  respect  to  the 
case  of  Terry.  The  members  of  the  Executive  having 
expressed  their  views,  the  board  of  delegates  voted 
u[)on  a  motion  to  reconsider  the  sentence,  whicli  was 
lost.  Xext  day  by  a  vote  of  forty-four  to  thirty-six 
tlie  delegates  concurred  in  the  sentence  of  the  Execu- 
ti\o;  and  on  the  7th  of  August,  at  a  meeting  held  at 
two  o'clock  on  the  morning  of  that  day,  the  Executi^•c 
resolved  that  the  sentence  of  Terry  be  read  to  him,  and 
that  he  be  forthwith  discharged,  whicli  was  done  at 
lii'tci'i)  minutes  past  two. 

"There  was  a  dead-lock  in  the  Committee,"  s-iyr, 
Ciarv.  '*We  cast  some  forty  ballots  before  the  boarvl 
of  (It'len^ates  were  called  into  session  ajjain.  I  thinlv 
there  were  but  thirty-four  votes  cast  throughout  tlie 
(lay;  seventeen  to  seventeen  all  the  time." 

The  delegates  were  brought  to  acquiescence  only  by 
iiitliiential  members  going  from  one  to  another,  and 
explaining  the  dilemma  and  satisfying  them  that  there 
\vas  nothing  else  to  be  done  under  the  circumstance 
"He  was  bigger  game  than  we  calculated  to  ba 
said  Smiley;  "after  he  was  found  guilty  there  was 
still  a  fight  for  time,  to  endeavor  to  get  the  exccutl\c 
eoiuiiiittee  to  re-examine  the  case,  or  to  retract  their 
\otc. 


)) 

o' 

i3 


"  Why  the  executive  committee  came  to  the  conclu- 
sion that  they  could  not  banihh  him,  I  do  not  knov.,"' 
says  the  soldier  Olncy,  more  accustomed  to  obey  than 
to  (juostion.  "  I  only  know  I  was  in  a  terrible  state 
of  excitement  that  niglitwhen  I  received  the  ord(>r  to 
liherate  him.  It  was  the  onlv  time  during  the  wliolo 
]eigii  of  the  Committee  that  there  was  anything  li!;e 
expression  of  feeling  against  any  act  of  tlie  Com- 
mittee. But  in  this  case  a  large  number  had  gathered ; 
the  Imilding  was  crammed.  They  got  together  on 
the  lower  floor,  and  there  was  a  good  deal  of  excitid 
talk,  and  it  seemed  as  if  theie  would  be  resistance  to 


472 


THE  VERDICT. 


the  order  to  liberate  him,  and  a  good  deal  of  ,stron<T 
language  was  used." 

Men  of  influence  in  the  Committee,  prominent 
among  whom  were  Colonel  Olney  and  Judge  Blake, 
mounted  platforms  and  attempted  to  soothe  the  angry 
assemblage ;  and  such  was  the  confidence  of  the  mem- 
bers in  their  officers,  such  their  abhorrence  of  any- 
thing like  disruption  in  the  ending  of  their  hitherto 
harmonious  work,  that  although  they  were  fearfully 
and  angrily  excited  they  could  but  yield  obedience. 
Though  they  hated  the  verdict,  they  revered  tlio 
judges.  Finally  they  calmed;  and  afterward  all  were 
ready  to  acknowledge  the  wisdom  which  governed 
the  Executive. 

Mr  Coleman's  explanation  presents  the  matter  in  a 
very  clear  light:  "Here  was  a  disagreement  or  differ- 
ence between  the  decisions  of  the  Executive  and  tlie 
delegates,  which  was  embarrassing.  The  Executive 
felt  that  it  were  better  that  their  conclusion  slionkl 
bo  maintained  and  carried  out;  but  the  spirit  of  the 
wliolo  organization  was  that  of  harmony  and  unity  <  »f 
action,  and  the  Executive  did  not  want  a  diverijence 
on  this  most  important  case.  The  fact  was  that 
Hopkins  had  recovered,  and  any  severe  penalty  on 
Terry  was  impossible.  It  was  felt  by  the  Executive 
that  his  long  incarceration  and  trial,  which  had  weighed 
heavily  upon  him,  was  a  severe  punishment,  and  sutH- 
eicnt  to  well-nigh  compensate  for  his  ill-advised  in- 
torforonce  with  our  affairs.  But  the  masses  of  the 
people  were  still  enraged  against  him,  and  not  in- 
clined to  lessen  any  former  conceived  measure  of 
punishment  or  penalty;  and  in  this  the  delegates 
sliared  largely  although  submitting  to  and  acknowl- 
edging the  force  of  the  views  and  action  of  the  Exccn- 
ti\e.  The  common  sentiment  and  demand  with  the 
community  and  the  body  of  the  committee  was  for 
exportation  or  banishment,  but  they  did  not  realize 
what  the  Executive  had  fully  considered,  namely, 
that  Hopkins  having  recovered,  no  case  stood  againt?t 


THE  REASON  OF  IT. 


473 


Terry  similar  to  those  against  the  other  people  whom 
^vo  had  executed  or  banished,  and  justifying  a  like 
course  with  him.  Next,  while  the  Committee  ad- 
hered rigidly  to  the  execution  of  even-handed  jusit ice 
withal,  it  would  not  have  been  even-handed,  everytliing 
consitlered,  to  have  banished  Terry  witli  the  other 
characters.  Again,  justice  being  sati;-i(iod,  it  were 
l)a(l  policy,  because  the  common  sentiment  of  impar- 
tial and  disinterested  people  would  be  in  his  favor, 
and  would  strengthen  the  claims  and  the  efforts  of 
liis  friends,  who  would  surely  have  insisted  upon  and 
aided  in  his  return  to  the  countrv,  and  there  would 
ha\o  been  created  thereby  perhaps  an  increased,  cer- 
tainly a  continued  active  opposition  to  the  edicts  of 
banishment  of  the  Committee,  and  Terry  once  re- 
turned would  bo  an  excuse  for  others  to  follow;  and 
the  shield  extended  over  him  would  have  extended 
()\er  others.  Under  these  circumstances  we  could 
Ijiit  let  Terry's  case  rest,  waiting  what  miijjht  be  do- 
veluped  in  his  behalf  or  otherwise,  waiting  the  effect 
oi"  time,  and  hoping  that  a  full  agreement  of  opinio!i 

v.or.ld  soon  be  arrived  at  or  other  solution  present  it- 

,  'I'" 

S.Jil. 


After  this  well-nigh  forced  sanction  of  the  delegates 
tlio  Executive  were  determined  to  get  rid  of  their  too 
pDWci'ful  prisoner  before  they  slept,  if  it  were  possible. 
To  accomplish  this  lacked  one  vote,  and  as  Frink 
i'.lHrms,  "they  got  up  Captain  Aaron  ]3urns  out  of 
l:is  bed  to  make  up  this  deficiency,  and  that  enabled 
tlieni  to  pass  tlie  resolution  by  which  Terry  was 
liherated." 

^Ir  Tr'uett's  dictation  runs  as  follows:  "A  quonmi 
of  the  Executive  was  obtained,  as  there  was  (hmger 
of  Terry's  being  attacked,  as  we  tliought,  by  nienil)ers 
ol'  tlie  Committee,  and  we  thought  it  best  to  discharge 
him  as  soon  as  possible."  He  was  taken  through  a 
stoi'c  opening  on  Front  street,  and  thence  up  Cali- 
fornia street  to  Dupont,  where  his  friend  Perley  lived. 


474 


THE  VERDICT. 


After  Truett  had  taken  Terry  to  Perley's  house, 
he  went  home  and  to  bed,  and  having  been  up  for 
many  nights  with  the  burden  of  Terry's  life  and  uiany 
other  responsibihties  on  his  hands,  he  was  soon  asleep. 
Half  an  hour  afterward  he  was  roused  by  Bluxome. 

"  There  are  a  thousand  men  now  hunting  for  Terry," 
he  said. 

"This  will  not  do,"  Truett  replied.  "We  have 
acquitted  the  man  and  we  must  protect  him." 

With  Bluxome  was  Hossefross  and  a  squad  of  men. 
Hastening  over  to  Perley's  house,  where  were  wiuu 
and  rejoicing  in  honor  of  his  deliverance,  Bluxonic 
acquainted  Terry  of  his  danger.  His  reception  was 
none  of  the  most  cordial,  although  his  mission  was 
pure  charity.  With  generous  hospitality  he  offered 
the  hunted  man  his  private  apartments,  saying,  "They 
will  not  hunt  you  there."  But  the  supreme  judge  had 
had  enough  of '33,  Secretary,'  and  declined. 

Presently  Truett  made  his  appearance,  and  to  his 
able  and  brave  defender  Terry  said,  "I  will  be  guided 
wholly  by  you." 

"  The  best  thing  you  can  do,  then,"  said  Truett,  "is 
t'^  make  your  way  down  to  the  wharf,  take  a  white- 
hall  boat,  and  get  aboard  the  United  States  sloop  of 
war  John  Adams." 

Terry  assented,  and  gladly  availed  himself  of  the 
vigilant  escort  waiting  Truett's  orders  without.  "We 
all  thought  it  best  to  have  no  crowd  with  us  at  all," 
says  Truett's  dictation,  "and  that  a  portion  of  his 
friends  should  go  down  on  Kearny  street,  so  as  not  to 
have  too  many  together,  and  others  should  go  in 
another  direction.  Terry  and  myself  went  down 
Dupont  street  to  Broadway,  and  down  Broadway 
to  the  water  front,  where  a  boat  obtained  bv  his 
friends  was  in  readiness.  Having  got  in  he  was  put 
aboard  the  sloop  of  war,  as  arranged."  It  was  at  a 
quarter  before  two  on  the  morning  of  the  7th  of 
August,  after  a  confinement  of  some  seven  weeks, 
that  Terry  was  set  at  liberty.     The  afternoon  of  the 


EFFECT  OF  TERRY'S  RELExlSE. 


m 


same  day,  in  company  with  about  one  hundred  men 
of  l.'iw,  he  took  passage  on  board  the  steamboat  Helen 
Ilensley  for  up  the  river. 

The  tidings  of  Terry's  release  fell  upon  the  fever- 
stricken  community  like  a  chill.  "  There  were  three 
thousand  men  about  the  building,  terribly  excited," 
says  Crary.  Nothing  of  the  trial  from  the  beginning 
until  now  was  known  by  the  people,  and  now  they 
^verc  vcr}^  angry;  every  phase  of  mingled  ire  and  dis- 
gust was  apparent  on  the  faces  which  met  that  morn- 
ing. Some  were  sorrowfully  disappointed;  others 
swcarfully  rampant.  Their  late  idol,  the  Vigilance 
Committee,  the  people  now  cursed  as  traitors,  weak  and 
treacherous  sycophants,  who  strangle  smilingly  friend- 
less criminals,  but  who  dare  not  touch  the  august  Ter- 
ry's garment's  hem.  As  Frink  puts  it,  "there  was  the 
devil  to  pay.  It  nearly  broke  up  the  Committee. 
Coleman  came  in  and  said  he  knew  nothing  about  it, 
and  calmed  them  as  well  as  he  could." 

Indeed,  to  the  manner  of  Terry's  discharge  Mr 
Coleman  takes  exception  in  language  stronger  than  I 
have  often  heard  him  use.  Speaking  of  the  eleven 
brought  together  for  the  express  purpose  of  liberating 
T(;rry,  of  which  number  Coleman  was  not  one,  his 
dictation  says:  "They  took  advantage  of  a  provision 
in  the  rules  of  the  Committee  which  allowed  about  a 
dozen  members  of  the  Executive  to  act  as  a  quoruui 
by  night  in  cases  of  danger  or  emergency  rc(juiring 
immediate  action,  and  proceeded  accordingly." 

"  ]\Iy  own  plan,"  continues  the  president,  "and  that 
of  some  others,  which  I  had  freely  expressed,  was 
that  upon  the  concurrence  of  the  board  of  delegates 
in  the  sentence  of  the  Executive,  Terry  should  bo 
formally  discharged  in  broad  daylight,  in  the  presence 
of  the  wliole  Committee  assembled  for  the  occasion, 
and  escorted  by  the  military  from  his  place  of  impris- 
onment, which  proceeding  would  have  been  more  in 
accordance  with  the  character  and  dignity   of    the 


470 


THE  VERDICT. 


Committee  than  that  actually  pursued  by  the  minority 
of  the  Executive." 

In  truth  it  was  a  trying  moment  and  displays  in 
a  greater  degree  than  any  other  incident  of  the  cru- 
sade the  rare  self-control  of  the  leaders  and  the  strong 
and  ruling  principle  which  could  hold  as  in  a  vise 
disrupting  passion  pervading  the  whole  association. 

Let  us  follow  Mr  Coleman  a  little  further:  "It  was 
a  matter  of  intense  surprise  to  the  president  and  the 
other  members  of  the  Executive  and  of  the  great 
body  of  the  whole  Committee  the  next  morning,  to 
learn  what  was  on  everybody's  lips,  that  Terry  had 
been  clandestinely  allowed  to  escape.  Excitement  was 
intense,  rage,  mortification,  invective  were  the  features 
of  the  hour.  How?  Why?  Wherefore?  By  whom? 
were  the  questions  everywhere  resounding.  The 
answers  were,  We  cannot  understand  it.  We  left  tlio 
delegates  in  convention,  the  vice-president  of  tlic 
Il^xecutive  in  the  chair.  We  supposed  that  this  action 
ii'  any,  would  be  reported  to  the  Executive.  A  demand 
was  made  on  all  sides  for  explanations,  for  reparation, 
i'or  jHinishment  of  the  guilty  ones,  if  they  were  guilty. 
The  great  body  of  the  Committee  were  of  course  in 
utter  ignorance  of  these  several  proceedings  which 
had  led  to  this  result  and  were  incensed  and  outraged 
at  what  they  considered  treachery  and  cowardice. 
Tlie  main  floor  of  the  Committee  room  was  crowded, 
and  an  impromptu  organization  was  called  for,  for  ex- 
planation, and  as  some  expressed  it  for  further  action. 
All  the  seeds  of  dissension  or  of  dissatisfaction  that 
had  been  sown  by  our  enemies  during  the  Terry  trial 
seemed  at  this  moment  to  be  ripening,  and  prompt  and 
proper  action  was  evidently  needed.  The  president 
called  the  Executive  together  and  an  explanation  was 
asked  of  the  members  who  the  niijht  before  had  dis- 
charged  Terry  and  who  by  this  hour  were  well  known, 
which  they  gave;  and  after  all  was  said  and  all  that 
could  be  was  done  the  final  answer  resolved  itself  that  it 
was  very  ill  advised,  very  hasty,  very  unfortunate,  very 


THE  EXRAGED  PUBLIC. 


477 


undignified,  not  in  good  taste,  nor  becoming  the  Vig- 
ilaiuo  Committee.  These  members  and  others  were 
iLMj nested  to  address  the  body  of  the  meeting  below, 
cxjilain  proceedings,  and  if  possible  satisfy  the  body 
f)t'  onr  members  and  restore  quiet.  They  were  accord- 
ingly  addressed  by  a  number  of  gentlemen,  and  every 
tffoit  was  made,  and  assurances  were  given  that  the 
Executive  in  full  session  a])proved  of  what  was  done. 
But  while  many  were  satisfied  the  majority  would  not 
1)0,  and  they  called  for  the  president,  and  sent  deputa- 
tiiiiis  to  him  asking  him  to  address  them  and  to  o-ivc 
his  assurance  of  apprf)val  of  what  had  been  done. 
Tlic  president  responded,  and  assured  them  that  what 
luul  been  done  did  not  meet  his  approval  and  coukl 
not,  for  while  what  was  done  was  technically  right  in 
substance,  it  was  palpably  wrong  in  manner  and  form; 
and  while  we  must  abide  by  it,  it  was  one  of  the  few 
}m)niinent  things  in  the  whole  course  of  our  labors 
tliat  caused  him  deep  regret.  While  we  could  not  ap- 
jiiove  we  had  to  abide  by  what  was  done." 

Indeed,  taking  it  all  in  all,  it  was  of  very  little  con- 
sequence how  the  judge  was  discharged.  Secretly 
and  by  night  was  the  quickest,  quietest  way ;  openly 
and  by  day  would  have  displayed  the  discipline  of  the 
troops  at  the  best  advantage,  provided  their  obedience 
prov(>d  equal  to  the  emergency.  The  verdict,  the 
disci  large,  the  assertion  and  acknowledirment  that 
though  guilty  of  serious  charges  the  Committee  could 
i;()t  punish  him,  after  all  their  professions  of  fairness 
and  of  power,  were  certainly  nothing  to  be  proud  of 
nor  to  make  special  parade  about. 

Actuated  by  the  highest  motives  that  restrain  and 
govern  society,  the  executive  committee  were  to  be 
swayed  by  no  mortal  man,  by  no  mortal  passion,  by 
no  journalistic  enforcement.  Thomas  King,  of  the 
Jhdlct/'n,  as  is  frequently  the  case  with  journalists 
v.' ho  heartily  e.spouse  a  cause  and  argue  for  days  and 
months  on  one  side  of  a  subject,  was  very  bitter. 
"The  first  false  step,"  he  writes  over  his  editorial  of 


478 


THE  VERDICT. 


li 


11 


i 


August  7tli.  "  It  is  with  feelings  of  mingled  indio'. 
nation  and  regret  that  we  are  compelled  to  announce 
to  our  readers  that  the  executive  committee  of  \vjr\\~ 
ance  have  seen  fit  to  let  loose  upon  our  community  thu 
rowdy  Judge  D.  S.  Terry  in  the  farce  of  trying  wliom 
this  body  has  been  for  some  time  engaged.  We  uru 
in  possession  of  none  of  the  reasons  which  impelled 
these  individuals  to  this  course  of  conduct,  except 
such  as  may  be  gained  from  general  rumor.  The  ex- 
ecutive committee  have  taken  action  which  we  cannot 
speak  of  as  other  than  criminal  and  weak.  They 
have  failed  in  their  pledges  to  the  people  to  act  with- 
out fear  or  favor.  They  have  checked  the  reiurni 
movement,  perhaps  killed  it.  They  have  infused  new 
spirit  into  the  rowdies  and  personal  responsibility  men, 
against  whom  they  have  seemed  hitherto  to  be  in  op- 
position. They  have  set  at  naught  the  general  com- 
mittee and  the  people.  They  have  acted  not  only 
without  the  consent  of  those  from  whom  they  deiive 
all  the  power  they  possess,  but  in  direct  opposition  to 
their  ascertained  will.  They  no  longer  represent  the 
feeling  of  our  community.  Let  them  not  complain  if 
in  any  danger  which  may  hereafter  threaten  them, 
that  support  which  has  hitherto  been  so  checrt'uUy 
awarded,  shall  be  found  wanting." 

And  so  this  journalist  goes  on  for  a  column  or  so, 
and  the  next  day  as  much  more  and  the  day  after, 
heaping  up  the  most  scurrilous  abuse  upon  the  men 
who  but  yesterday  were  gods.  To  say  the  least  it 
was  in  very  bad  taste.  As  long  as  the  executive  com- 
mittee fed  well  the  fire  of  Mr  King's  passions,  or 
as  long  as  hanging  and  banishing  were  lively,  all 
their  actions  were  highly  praised.  Here  these  men 
for  the  past  six  weeks  had  been  sitting  as  judges,  had 
been  engaged  in  the  weightiest  matters  incident  to 
tribunals  of  justice,  had  been  listening  to  arguments 
and  weighing  evidence,  endeavoring  to  lay  aside  all 
passion,  and  judge  as  became  men  filled  with  a  sense 
of  their  awful  responsibility.     And  now  the  tempo- 


MEN  OF  HIGH  AND  LOW  DEGREE. 


470 


rnry  editor  of  tho  paper  sets  up  his  individual  opinion 
or  passion,  whichever  it  may  have  been,  against  the 
mature  judgment  of  the  entire  executive  committee. 
Xo\v  he  not  only  threatens  to  drive  them  from  power, 
1)ut  to  withdraw  from  them  the  protection  of  tho 
general  committee,  and  leave  them  to  the  mercy  of 
tl)eir  enemies.  But  such  a  threat  had  little  influence 
with  such  men. 


Practically  the  case  of  Terry  came  up  before  the 
Committee  in  this  way:  First,  should  the  same  qual- 
ity and  degree  of  punishment  be  dealt  this  man,  in  so 
far  as  ho  should  be  found  guilty,  as  to  an  ordinary 
oflendcr,  and  without  fear  of  the  consequences?  Es- 
sentially, yes.  Yet  the  popular  element  in  the  Com- 
mittee would  have  banished  him.  Many  w^anted  him 
liaiiged.  But  the  matter  must  be  regarded  calmly  and 
from  all  sides.  By  its  own  code  the  verdict  of  tho 
tribunal  did  not  justify  extreme  measures.  The  only 
penalty  then  remaining  which  the  Committee  were 
accustomed  to  inflict  was  that  of  banishment.  Without 
doubt  his  position  was  the  chief  obstacle  to  this  sen- 
tence. Had  he  been  a  poor  and  ignorant  man,  a  loss 
exalted  personage,  friendless,  or  whose  friends  were 
men  of  no  influence,  the  judge  would  unquestionabh^ 
liavo  been  unceremoniously  sent  abroad.  It  would 
seem  that  the  fiat  just  ilia  mat  cselum  of  their  seal  had 
become  a  mockery. 

The  whole  attitude  of  afiairs,  however,  must  bo 
taken  into  account.  The  San  Francisco  executive 
committee  of  vigilance  was  not  a  mob,  acting  througli 
impulse  alone;  otherwise  the  honorable  justice  would 
have  been  more  harshly  dealt  with,  for  the  masses 
were  against  him.  They  were  a  body  of  intelligent 
and  responsible  men,  who,  though  acting  in  secret, 
were  known  to  many.  Though  superior  to  law,  they 
had  not  law  on  their  side.  Instead  of  being  aided  by 
the  law  in  performance  of  their  praiseworthy  duties, 
they  were  hampered  by  men  who  in  the  name  of  law 


480 


THE  VERDICT. 


threw  every  possible  obstacle  in  their  path.  Ndw 
without  subjecting  themselves  to  a  just  charge  of  tear 
or  favor,  one  may  easily  perceive  how  certain  acts 
could  be  performed  by  the  Committee  with  compara- 
tive safety,  while  certain  other  acts,  which  ought  like- 
wise, if  possible,  to  be  performed,  might  be  atteiidtd 
with  too  great  danger  to  the  commonwealth.  Tliuy 
would  exercise  a  wise  discretion.  With  unbounded 
power  execution  was  easy.  Moderation,  restriction, 
self-control,  these  alone  were  difficult. 

That  the  Committee  were  afraid  of  Terry  or  of  his 
friends  so  far  as  retaliation  was  concerned,  I  do  not 
for  a  moment  believe.  Power  was  on  their  side;  and 
had  they  been  governed  by  passion  alone,  the  very 
fact  of  his  b^'ng  a  judge  of  the  supreme  court  would 
have  only  intensified  their  desire  to  punish  him.  But 
might  not  the  banishment  of  Terry  make  it  appear, 
more  particularly  in  the  eyes  of  the  authorities;  at 
Washington,  that  the  protestations  of  the  Committee 
against  any  thought  of  usurping  political  authority  were 
somewhat  unsubstantial  ?  The  government  might 
wink  at  the  hanging  of  a  Sing  Sing  convict,  when  the 
banishment  of  a  state  judge  would  bring  about  its  ears 
such  a  din  as  would  give  it  rest  never  more.  More- 
over,  to  banish  Terry  would  be  an  expensive  luxury. 
To  send  him  to  Honolulu  or  Panamd  would  be  idle,  for 
he  was  a  determined  character,  with  a  large  political 
party  behind  him,  and  he  would  immediately  be  back 
again  and  in  the  hands  of  his  friends.  To  make  his 
banishment  eftectual  it  would  be  necessary  to  place 
him  on  some  island  unknown  to  his  friends,  and  fron\ 
which  he  could  not  escape.  I  do  not  see  how  the  Com- 
mittee could  have  adopted  any  other  course  without 
subjecting  themselves  to  the  charge  of  foolhardiness 
and  lack  of  judgment. 

Let  the  attitude  assumed  by  these  men  be  here 
noted.  Like  the  action  taken  by  Lincoln  and  Seward 
in  the  Mason  and  Slidell  affair,  it  was  for  the  moment 
unpopular,  bringing  upon  the  devoted  heads  of  the 


EXPLAXATION. 


m 


rfininuttec  anathemas,  the  curses  of  friends  and  the 
jiiliiliuit  sneers  of  eneujies.  Yet  to-day,  who  shall  say 
till  y  were  not  riglit?  Who  shall  refuse  their  names  a 
j.laco  among  the  greatest  names  of  this  great  nation? 
.Mark  the  connection.  These  gentlemen  of  the  exec- 
utive committee,  these  green-grocers,  stale  flour  sellers, 
salt  pork  and  codfish  dealers  were  charged  by  their 
opponents  as  arrogating  unlawful  authority.  The 
work  they  were  doing,  everybody  admitted  was  a 
nood  one,  but,  said  the  law  and  order  men,  look  out 
for  the  reaction,  beware  of  mobocracy,  of  drunkenness 
ill  the  exercise  of  power. 

In  due  time  all  of  the  public  journals  which  had 
hitherto  been  upon  the  side  of  vigilance  came  to 
acknowhxlgc  the  wisdom  and  justice  of  the  tribunal. 
Tho  Bnllclin,  always  the  foremost  in  the  cause,  was 
the  last  to  give  in.  Indeed,  it  seemed  .as  if,  in  meni- 
ory  of  the  offence,  ever  since  the  slaying  of  his  brother, 
Thomas  King's  heart  had  grown  more  and  more  bitter, 
until  the  most  extreme  measures  in  every  instance 
alone  would  satisfv  him.  In  the  affairs  of  the  tribu- 
ual,  and  presently  in  local  government  and  municipal 
affaiis,  he  assumed  too  nearly  the  tone  of  a  dictator, 
;,s  though  his  misfortunes  gave  him  superior  right-;, 
;uid  that  the  people  should  hear  him  for  his  wrongs, 
if  for  no  other  cause.  But  the  wrongs  of  Thoma;^ 
King  were  no  greater  than  those  that  befell  many  a 
hotter  man  who  made  less  noise  about  them.  James 
King  was  fortunate  enough  to  have  a  real  grievance, 
lie  was  a  good  man,  and  in  the  main  was  on  the  side 
<if  truth  and  honesty.  He  had  been  badly  treated, 
and  he  saw  that  the  community  were  being  badly 
treated  by  bad  men.  He  seized  the  opportunity  to 
I  hastise  with  one  blow  his  own  enemies  and  the  ene- 
mies of  the  commonwealth.  He  did  well;  laid  down 
his  life  in  the  cause;  and  the  people  praised  him. 
Thomas  King  was  not  a  great  man,  nor  a  particularly 
good  one.  He  was  endured  for  some  time  on  his 
I»rother's  account,  but  after  a  while  the  people  got 

Pop.  Tbib.,  Vol.  II.    31 


i 


li 


m  THE  VERDICT. 

tired  of  liis  continued  and  bitter  abuse,  and  the  linllc 
t'ni  foil  into  better  hands.  It  has  always  remained  oti 
the  sido  of  the  people  and  the  people's  party,  wluit- 
cvcr  tiioao  terms  might  chance  to  sijrnify.  The  llulh- 
tln  has  an  origin  and  history  of  which  it  may  well  by 
proud. 

It  was  not  long  after  the  discharge  of  Judge  Torrv 
that  a  journalist  of  pronounced  vigilance  proclivities 
writes:  ''The  first  dissatisfaction  has  calmed  down, 
and  now  all  seem  content  to  bear  the  executive  com- 
mittee out  to  the  end.  The  first  dissensionists  are 
prepared  to  give  up  their  personal  opinions  for  tlie 
common  good."  No  higher  proof  of  the  wisdom  of 
the  executive  committee  could  be  given  than  this 
admi.-ision  on  the  part  of  one  who  within  a  fortni^^It 
had  been  unable  to  find  in  the  vocabulary  of  his  invec- 
tive words  of  condemnation  sufficiently  strong  for  the 
betrayers  of  public  trust  who  had  liberated  Terry. 

The  prompt  punishment  of  those  who  pervert  the 
law  is  what  law  should  do,  but  what  it  never  has 
done  in  this  country.  Of  all  others,  lawyers  and 
judges  have  trampled  upon  law  with  the  greatest  im- 
jnniity.  Next  to  the  hungry,  the  ignorant,  the  openly 
or  professionally  vile,  politicians  are  the  greatest  curse 
to  a  community,  and  our  politics  and  government  are 
much  too  closely  allied. 

Had  the  Committee  purposed  political  advantage 
to  themselves,  had  they  been  prepared  to  overthrow 
the  government,  had  they  meant  revolution,  their 
case  would  have  been  plain.  But  as  it  was,  this  de- 
termined judge  was  too  large  game  for  the  calibre  of 
their  intentions.  TI.ey  admitted  it.  They  could  not 
J  iss  the  assault  unnoticed;  the  populace  would  have 
h  d  violent  hands  on  him  else.  Had  Hopkins  died, 
1  iging  would  have  been  easy.  As  it  was,  Terry  had 
d(  0  nothing  which  by  their  own  law  warranted  the 
C(  nniittee  in  taking  his  life.  It  was  a  standing  rule 
wi  \\  them  to  punish  capitally  only  for  murder,  to 
punish  no  more  severelj'  than  the  law  would  punish 


THE  ONLY  ALTERNATIVB. 


if  properly  administei'ed.  If  the  tribunal  erred,  it 
was  always  on  the  side  of  leniency,  in  this  matte'' 
following  the  example  of  the  law,  as  may  well  Ik? 
iiuajjfined,  with  a  thousand  unpunished  murderers  in 
the  country.  Had  they  hanged  all  who  really  de- 
served it,  their  hands  would  indeed  have  been  full. 

The  only  other  method  of  punishment  open  to  them 
was  exile,  which  in  this  case  was  simply  impracticable. 
At  best  banishment,  as  practised  by  them,  was  very 
much  of  a  farce.  A  i)cnniless  vagabond  they  could 
ship  hence,  and  so  get  rid  of  him.  But  this  was  a  fur 
(lift'erent  case.  Terry  might  have  been  sent  away,  but 
ho  would  have  returned.  Put  him  on  a  lone  island 
and  place  a  guard  over  him,  his  friends  would  havt! 
scoured  the  remotest  corner  of  the  Pacific  to  find  him, 
and  then  would  have  hounded  the  government  until 
lie  had  be:.i  liberated.  Banishment  in  this  case  wa*s 
impracticable,  impossible.  There  was  thei  but  one 
thing  left  for  the  Committee  to  do;  in  that  straight- 
forward, honest,  manly  way  which  characterized  all 
their  words  and  acts  they  said:  "We  have  tried  this 
man.  He  is  guilty.  He  deserves  punishment,  but 
we  arc  not  the  proper  power  to  inflict  it.  He  should 
losign  his  position.  Our  duty  draws  us  no  further 
in  this  direction;  greatly  against  our  sense  of  justice, 
but  forced  by  necessity,  we  discharge  him." 

As  the  river  steamer  which  bore  him  hence  passed 
the  Adams  a  salute  was  fired  by  Captj^in  Boutwell,  an 
act  which  brought  upon  his  head  the  curses  of  tho 
vigilants  and  the  smiling  approbation  of  their  oppo- 
nents. Immediately  after  his  discharge  Terry  took 
his  seat  on  the  supreme  bench  beside  his  old  colleague, 
now  also  returned  to  his  neglected  duties,  and  de- 
cisions were  soon  rolling  out  of  the  mill  as  lively  and 
of  as  fine  a  quality  as  ever  over  the  signatures  of  that 
famous  pair: 

'  MtTRRAT,  C.  J. 

Terby,  J. 

Nothing  could  prove  more  conclusively  the  strength 


4S4 


THE  VERDICT. 


of  the  organization  than  the  aj^itation  of  a  quest  imi 
abounding  in  such  manifold  fierce  antagonisms.  It  is 
the  constant  strain  that  breaks  the  strong  man's 
strength  more  surely  than  the  heavy  blow.  So  subtile 
had  been  the  spells  cast  by  the  charmers  that  many 
of  the  Committee  were  tainted;  many  openly  avowed 
the  opinion  that  Terry  did  right  in  striking  Hopkins, 
and  that  he  did  not  deserve  punishment.  There  is 
something  extremely  fascinating  in  the  chivalrous 
courtesy  of  the  southerner;  something  extremely 
winning  in  his  soft,  plausible  speech,  more  particularly 
when  placed  beside  the  coarser  honesty  of  the  New 
Englandcr,  and  this  influence  began  to  permeate  the 
body  of  reformers  like  a  poison.  There  was  no  greater 
tiia'  in  the  whole  campaign  than  holding  steadily  to 
theii  work  under  such  circumstances,  while  battlinu'  at 
every  step  these  counteracting  influences.  The  fibre 
ami  tenacity  of  the  association  were  nowhere  !so 
manifest  as  throughout  the  Terry  trial. 

"  Public  sentiment  hail  applauded  the  acta  of  the  Vigilance  Committee  up 
ti>  tlie  time  of  Terry's  li))eration,"  says  the  'KevaAix  JoKrnal  of  the  l.'ithi.f 
August,  lSr)G,  "and  with  the  exception  of  a  wild  and  blood-thirsty  few  wlm 
liad  set  their  hearts  on  the  execution  of  Terry,  and  steeled  them  against  the 
palliating  circumstances  cf  his  case,  there  is  a  general  feeling  of  acquiescent' 
in  t!io  magnaniniuus  disposition  of  the  distinguished  prisoner  by  the  Com- 
mittee. The  general  features  of  the  evidence  against  Terry  were  publishrd 
long  ago,  and  wo  early  took  the  ground  that  if  such  was  all  and  the  only  evi- 
dence against  him  he  was  not  worthy  the  doom  an  excited  populace  had  de- 
signed for  him.  And  before  we  gave  a  blind  sjvuction  to  all  the  acts  of  tin- 
\'igilance  Committee,  or  gave  them  a  carte  blanche  for  ourselves,  wo  desired 
to  be  fe'ly  satisfied  that  the  members  of  the  Committee  were  men  of  iron 
nerve,  and  able  to  withstand  the  hea^'y  outside  prestmre  at  the  expense  of 
justice.  The  people  have  already  pronounced  their  approbation  of  the  pre- 
\  ious  acta  of  the  Vigilance  Committee,  and  hei'eafter,  if  not  wholly  now,  will 
t!iey  admire  and  appreciate  the  justice  and  moderation  which  set  Terry  a-  lil>- 
erty.  The  executive  committee  have  displayed  more  moral  heroism  in  this 
last  act  in  braving  the  will  of  thousands  of  their  friends,  tlian  by  the  perform- 
ance of  any  previous  deeds,  however  responsible,  or  good  and  beneficial  to 
society  they  might  be.  It  could  be  desired  that  the  friends  of  Terry  were 
lilesaed  with  a  modicum  of  that  magnanimity  and  moderation  which  has  so 
ttignal'y  characteiized  the  Vigilance  Committee  in  restoring  to  freedom  the 
distinguished  prisoner  of  the  latter  and  the  valued  associate  of  the  former. 
It  is  in  exceeding  bad  taste  to  get  up  a  triumphal  procession  like  the  ouu 


LITERATURE  AND  LADIES. 


'48S 


at  S.icramento,  make  speeches,  and  glorify  the  triumph  of  law  and  order, 
llail  the  friends  of  Judge  Terry  been  sufficientiy  numerous,  or  gifted  with 
uiiitory  puflicieiit  to  revolutionize  public  opinion,  or  had  they  the  courage  to 
t.iko  Fort  Vigilance  by  storm  and  set  their  friends  at  liberty,  it  niight  bo  ap- 
jiniiniate  to  celebrate  their  victory  with  an  ovation.  But  wlien  they  owe  tlio 
liln'iiition  of  a  friend  to  the  justice,  moderation,  and  magnanimity  of  a  foe,  it 
is  well  to  rejoice  for  the  good  fortune  of  tlie  friend,  not  to  exult  over  it  as  a, 
triiiinph  over  enemies.  Judge  Terry  was  paraded  through  the  streets  of  Sao- 
lainoiito  to  the  tunes  of  'Hail  to  the  Chief ,' and  'fciec  the  Ccntjueriiig  Hero 
Cjuk's!'  Suuh  an  exhibition  is  trifling,  puerile,  contemptible.  But  Terry  a 
fiii'ii'ls  have  never  displayed,  during  the  whole  time  of  his  confinement,  the 
Miiallcst  appreciable  quantity  of  good  sense,  and  it  cou!d  hardly  be  expected  on 
tlii-i  occasion." 

A  pamphlet  of  seventj^-five  pages  containing  the  trial 
of  1).  S.  Terry  before  the  Committee  of  Vigilance  on 
seven  distinct  charges  was  issued  from  the  press  the 
'Id  of  September.  It  was  copyrighted  by  Charles  L. 
Case,  a  member  of  the  executive  committee. 

It  may  well  be  imagined  that  there  was  great  -re- 
joicing over  the  discharge  of  Terry,  and  many  wer-c 
the  base  motives  attributed  to  the  executive  connnitteo 
by  both  friends  and  enemies.  Hear  the  Herald:  "He 
was  so  just  a  man  that  even  they,  all  cankered  with 
lovengcful  prejudice  as  were  their  minds,  could  find 
no  oifence  in  him,  and  so  discharged  him.  The  most 
vindictive  and  purblind  bigotry,  perjury  the  most  un- 
blushing, slander  the  most  venomous,  every  dirty  arti- 
iice  that  grovelling  meanness  could  invent  to  his 
])r(judice,  espionage  the  most  villainous  and  contenipt- 
il)lc,  and  all  the  \..ried  means  and  appliances  of  a 
most  extensive  and  unscrupulous  power  were  em- 
ployed ';o  ci'ush  him.  The  release  of  Judge  Teriy  is 
jiropcrly  regarded  as  a  great  triumph  over  mob-law. 
The  act  pcrfoi'med  by  the  Vigilance  Conunittee  yestoi'- 
duy  morning  is  the  virtual  signature  of  their  deatli- 
warrrnt."  How  beautiful,  and,  above  all,  how  true! 
Some  arc  indeed  hard  to  please.  If  IMr  Nugent  spends 
so  much  of  the  vituperative  part  of  his  dictionary  iu 
cursing  the  Committee  for  releasing  Terry,  what 
would  he  have  done  for  w«>rds  had  tlu'y  hanged  him:* 
Mr  Nugent  was  hardly  satLstied.     He  would    have 


486 


THE  VERDICT. 


been  better  pleased  to  have  seen  the  Committee  cn- 
taiiifle  themselves  to  their  destruction. 

The  lady  friends  of  law  and  order  presented  the 
bloody-minded  supreme  justice  a  silver  pitcher  with 
the  following  inscription:  "Hon.  D.  S.  Terry,  from 
the  ladies  of  San  Francisco,  who  admire  his  courage, 
honor  his  patriotism,  and  take  the  highest  pride  in 
his  heroic  resistance  to  tyranny.    August  26, 185G." 

What  would  the  world  be  if  our  wives  and  sisters 
and  daughters  did  not  think  as  we  thought,  did  not 
believe  in  us,  did  not  regard  even  our  dastardly  deeds 
as  heroic  actions?  God  bless  their  warm  hearts  and 
credulous  heads;  who  would  have  them  otherwise  1 


CHAPTER  XXVllI. 


HETHERINGTON    AND    BRACE. 


Bestemmiavano  Iddio,  e  i  lor  parent.!, 
L'umaua  spczie,  il  luogo,  il  tempo,  e'  il  seme 
Di  lor  senienza,  e  di  lor  nascimenti. 

Dell  Inferno. 

So  absorbed,  during  the  month  of  July,  was  the 
public  mind  in  the  momentous  affairs  of  Mr  Jus- 
tice Terry,  that  the  arrest,  trial,  and  execution  of 
two  little  murderers  passed  comparatively  unnoticed. 
It  was  after  Terry's  trial  and  before  his, discharge, 
w  hile  the  difficulties  of  agreeing  upon  a  verdict  were 
pending  between  the  Executive  and  the  delegates, 
that  this  tragedy  was  performed.  It  was  done  in  close 
]>roxiraity  to  the  ears  and  eyes  of  the  Texan  judge, 
and  as  his  own  fate  then  lay  in  restless  uncertainty  in 
the  same  hands,  the  play  was  not  a  particularly 
]  (leasing  one  to  him. 

And  now  that  the  writer  of  this  history  has  placed 
the  great  prime-minister  of  disorderly  law  back  upon 
liis  bench,  there  once  more  to  deal  high  and  holy  jus- 
tice, as  in  days  past,  let  the  mind  of  the  reader,  in 
common  with  the  excited  thoughts  of  the  populace 
and  the  strained  nerves  of  the  Executive,  descend  to 
the  narration  of  the  more  plain  and  easy  cases  of  com- 
mon strangulation.  Work  must  not  accumulate  at 
Executive  head -quarters,  though  presidents  frown, 
governors  swear,  and  judges  interfere. 

Mr  Philander  Brace  was  sitting  in  Barry  and  Pat 
ten's  saloon,  on   Montgomery  street,  on  a  Thursday 
iifternoon  in  June.     A  newspaper  was  in  his  hand 
and  a  back  window  near;  alternate  glances  were  cast 

(IP) 


488 


HETHERINGTOX  AND  BRACE. 


W 


t. 


at  one  and  the  other.  Evidently  Phllander'.s  medita- 
tions were  of  a  mixed  quahty;  his  visions  partook  of 
the  character  both  of  a  Milton  and  &,  Dante,  ills 
heaven  was  the  polls,  the  supervisor's  precincts,  [uid 
law  courts,  interminjiled  with  a  little  crib-crackiii"- 
thinking  and  gambling  comforts,  and  now  and  thou  a 
[)lay  in  which  he  took  the  part  of  chief  tragedian.  1  lis 
liell  was  Fort  Vigilance  on  Sacramento  street.  Dcc^p 
in  his  abstractions  at  twenty  minutes  before  three,  he 
felt  his  arms  lifted  and  gently  locked  each  in  another 
arm.  Turning  his  eyes  first  to  one  side  and  then  to 
the  other,  gradually  a  realization  of  his  position  daw  lud 
upon  him.  "Behold  the  emissaries  of  Satan  I"  lie 
thought.  "Hell  is  here;  myself  am  hell!"  Quietly 
he  arose  and  walked  away,  like  Mary's  lamb  betwoeu 
two  butchers,  and  soon  was  assigned  a  room  in  the 
Vigilance  Committee  building. 

The  Committee  were  preparing  for  the  trial  of 
Brace  v.hen  Terry  precipitated  his  unwelcome  presence 
upon  them.  At  their  meeting  of  the  21st  of  June 
it  was  resolved  that  when  he  was  tried  it  should  he 
for  the  crime  of  murder,  and  that  the  same  rules  of 
trial  should  be  observed  in  the  case  of  the  People  vrrsits 
]h'ace,  as  governed  in  the  tr'ials  of  Cora  and  Casey. 
At  the  Executive  meeting  of  Tuesday  evening,  the 
24th  of  June,  T.  Thompson  was  appointed  [irosecntiiig 
attorney  in  the  case  of  the  People  versiis  Brace,  charged 
with  mui'der,  and  H.  jSI.  Hale  attorney  for  the  defcuee. 
It  was  ordered  that  the  trial  of  Brace  should  be  taken 
up  immediately  after  the  trial  of  Terry,  and  that 
meanwhile  all  the  necessary  preparations  should  be 
made  for  the  said  trial. 

As  soon  as  it  became  apparent  that  the  trial  of 
Terry  was  destined  to  be  prolonged,  the  Committee 
tletermined  to  dispose  of  Brace  inunediately.  His 
ti-ial  was  therefore  made  the  special  order  fur  Wed- 
nesday evening  the  2ath  of  June  at  eight  o'clock. 
Asxain  the  trial  was  delaved,  and  resumed  the  IGth  ot" 
July,  at  which  time  the  following  charges  were  pre- 


THEIR  CRIMES.  480 

ferrcd:  first,  robbery  of  one  Willct  Southwick  the 
year  previous;  secondly,  shooting  and  robbing  of  a 
Mr  ScharfF;  thirdly,  murder  of  Joseph  B.  West  in 
June,  1855.     To  all  these  charges  Mr  Brace  pleaded 

not  guilty. 

The  certainty  of  punishment,  I  have  said,  rather 
tlian  its  quality  is  the  fear  of  felons.  One  would  think 
tliat  in  San  Francisco  on  the  24th  of  July,  185G,  this 
maxim  would  hold  good  if  ever.  With  eight  thou- 
sand armed  citizens  standing  ready  for  the  arrest,  with 
the  fate  of  Casey  and  Cora  so  fresh  in  the  minds  of 
evil-doers,  with  a  judge  of  the  supreme  court  of  the 
state  at  that  moment  in  the  hands  of  the  Vigilance 
Conmiittee  undergoing  trial  for  his  life,  it  would  seem 
that  he  must,  indeed,  be  a  b(Jd  villain  to  attempt 
murder  with  such  surroundings.  Yet  such  a  villain 
there  was.  And  the  Committee  of  Vijjilance  should 
surely  require  no  further  apology  for  its  existence;  a 
(Hsinterested  man  would  certainly  desire  no  more  con- 
clusive evidence  of  its  absolute  necessit^^  to  the  life 
and  welfare  of  society  than  that  men  so  hardened  in 
criminality  yet  roamed  at  large;  that  human  hyenas 
of  so  reckless  and  blood-thirsty  character  still  stood 
about  the  streets  unchained. 

Andrew  Randall,  physician,  residing  in  Marin  county, 
a  native  of  Ohio,  a  man  respected,  beloved,  and  having 
a  family  dependent  upon  him  for  support,  owed  cer- 
tain money  to  Joseph  Hetherington,  an  Englishman 
iVoui  Carlisle,  an  infamous  character  who  had  com- 
mitted many  crimes,  among  others  that  of  the  murder 
<»f  Dr  Baldwin  in  1853.  The  first  year  after  his 
arrival  in  California  in  1849,  Hetherington  drove  a 
cart,  bat  this  was  too  honest  and  tame  an  occupation, 
lie  liked  three-card  monte  better,  and  by  this  game 
Avon  large  sums  of  money  during  the  years  1850  and 
1851.  He  was  the  associate  of  Whittaker  and  Mc- 
Kenzie  of  '51  vigilance  notoriety,  and  in  their  com- 
\yduy  committed  many  crimes;  but  being  a  slippery 


4D0 


HETHERINGTON  AND  BRACE. 


scoundrel,  to  whom,  in  common  with  all  such,  the  law 
was  c'xeocdingly  kind,  he  escaped  unpunished. 

Randall's  })rt)perty  was  in  real  estate,  and  he  could 
not  pay  his  creiitor.  Hetherington  insulted  him  on 
every  occasion,  and  swore  he  would  have  the  money 
or  his  life.  Ilandall  armed  himself  and  went  about 
his  business.  On  the  day  before  mentioned,  the  'J4th 
of  July,  Randall  entered  the  St  Nicholas  Hotel  and 
stepped  up  to  the  office  and  registered  his  name.  The 
clerk  then  handed  him  some  letters,  while  readinir 
which,  Hetherington  unobserved  came  in  and  steppini,' 
up  to  Randall  seized  him  by  his  long  flowing  beard, 
jerking  him  some  five  feet  from  his  position,  and  ox- 
claimed  with  a  horrible  oath,  "I've  got  you  now!" 

Randall  attempted  to  draw  his  weapon,  but  Heth- 
erington was  too  quick  for  him.  Hetherington 's  tiist 
fire,  liowever,  did  not  bring  Randall  down,  and  the 
latter  by  this  time  managed  to  get  out  his  pistol  and 
return  Hetherington's  shot.  Tlien  they  both  filed 
again,  almost  simultaneously;  after  wliich  Randall  ran 
1  ound  into  the  oflfice  and  endeavored  to  shield  himself 
behind  the  counter.  Hetherington  then  approached 
him,  reached  over  the  counter,  and  deliberately  dis- 
charged a  ball  into  his  head,  inflicting  a  wound  which 
was  at  once  pronounced  fatal.  This  was  about  half- 
past  three  o'clock  on  Thursc'.ay.  Saturday  morning  at 
nine  o'clock  Randall  died. 

Soon  after  the  fatal  shot  was  fired  Hetherington 
was  arrested  by  a  policeman,  who  started  with  him  for 
the  station-house. 

"  Not  so,  Mr  Oflficer,"  murmured  the  crowd;  "that 
sort  of  thing  is  stale  in  San  Francisco." 

Scarcely  had  the  policeman  stepped  into  the  street 
from  the  door  of  the  hotel  when  a  detachment  of 
vigilants  came  up. 

"Allow  me  to  relie/e  you,"  said  the  officer  in  com- 
mand to  the  policeman,  taking  Hetherington  by  the 
arm. 

Without  a  word  the  policem  ui  gave  up  his  prisoner 


It 


THEIR  TRIALS. 


491 


aixl  nulted  into  the  crowd.  Indeed  the  law,  with  all 
its  limbs  and  branches,  was  becoming  mannerly.  It 
V  us  only  such  as  the  imbecile  governor,  the  bombastic 
gi  ncial,  and  the  bloody  justice  of  the  supreme  court 
that  were  yet  refractoiy. 

llctlicrington  was  taken  to  vigilance  head-quarters 
and  thrust  into  a  cell,  heavily  ironed.  All  eyes  were 
now  turned  to  the  executive  committee.  With  one 
a(ci»rd  the  people  demanded  immediate  action.  "Hang 
liiuii"  was  the  deeply  muttered  verdict,  "and  now. 
There  is  no  question  as  to  his  guilt.  Let  him  promptly 
pay  the  penalty  of  this  most  brutal  act."  Likewise 
thoy  questioned  earnestly,  What  would  be  done  with 
Terry?  "If  the  Vigilance  Committee  once  set  Terry 
at  liberty,"  cries  one,  "and  he  takes  his  seat  with  the 
iiiiinaoulate  Judge  Murray  on  the  supreme  bench; 
aiil  if  Johnson,  the  weak  and  imbecile  governor, 
ivinain  in  the  chair  of  state,  with  the  chivalrous 
]l()\varcl,  chief  military  commander,  whose  will  the 
('(iiiiiuittee  be,  and  where  will  the  citizens  find  l'..em- 
scKes  twelve  months  from  now?  It  is  folly  to  talk. 
The  Committee  have  only  one  of  two  courses  to  pur- 
sing namely,  to  make  Terry  resign  and  leave  the  state, 
or  to  liang  him  forthwith.  The  people  are  not  going 
to  be  longer  ruled  by  that  quality  of  domination 
hitherto  administered  by  certain  state  and  county 
ottieials." 

J^ut  the  executive  committee  were  not  to  be  has- 
tened, or  swerved  from  what  they  deemed  a  dignified 
and  deliberate  course,  any  more  by  the  zeal  of  their 
friends,  than  they  were  to  be  deterred  from  executing 
what  they  conceived  to  be  their  duty  by  their  ene- 
mies. Hetherington  should  not  be  hastened  angrily 
into  eternity.  Terry,  supreme  judge  though  he  was, 
should  have  as  fair  a  trial  as  the  courts  could  give 
him,  ay,  infinitely  fairer. 

Hetherington  was  brought  before  the  Committee 
for  trial  at  ten  minutes  to  nine  on  the  morning  of 
Saturday,  the  26th  of  July,  the  second  day  after  the 


492 


HETHERINGTON  AND  BRACE. 


murder.  To  the  charge,  read  to  him  by  Jules  Da\  id, 
he  pleaded  not  guilty,  saying  that  he  killed  Randall, 
but  that  it  was  done  to  save  his  own  life.  Nearly  tlio 
entire  day  was  occupied  in  the  examination  of  wit- 
nesses, and  the  trial  was  continued  the  next  day. 
Smiley  was  attorney  for  the  defence,  and  to  this  day 
Smiley  believes  in  Hetherington's  innocence.  Theic 
were  honesty  and  sincerity  for  you,  certainly,  when  a 
criminal  of  the  deepest  dye  so  worked  upon  the  com- 
mon-sense and  judgment  of  these  hard-headed  tribunal 
men  as  invariably  to  make  whosoever  advocated  their 
cause  believe  in  their  innocence,  or  at  least  bcliovc 
that  they  were  justified  in  committing  the  crime 
charged  upon  them. 

At  three  o'clock  of  the  same  day,  Sunday,  the  27th, 
Brace  was  brought  in  for  trial  and  the  indictment 
read  by  Mr  David.  The  prisoner  at  first  pleaded 
guilty,  but  afterwards  changed  his  plea,  saying  he  was 
present  at  the  time  of  the  killing  of  West,  but  did  no 
shooting. 

At  half-past  five  the  same  afternoon,  Hetherington's 
case  was  resumed.  The  testimony  finished,  a  state- 
ment made  by  the  prisoner  was  read  by  Mr  Smiley, 
who  opened  for  the  plaintiff,  after  which  Mr  David 
closed  the  case  for  the  prosecution.  The  prisoner  was 
found  guilty  and  sentenced  to  bo  hanged.  Next  day, 
Monday,  the  trial  of  Brace  was  concluded  and  a 
verdict  of  guilty  rendered.  On  the  same  evening 
the  delegates  met  and  concurred  in  the  action  of 
the  Executive  in  both  cases.  The  delegates  recom- 
mended that  the  prisoners,  Hetherington  and  Brace, 
should  be  executed  the  following  day,  Tuesday,  the 
29th,  between  the  hours  of  three  and  six  o'clock  in  the 
afternoon. 

It  was  past  midnight  before  the  testimony  on  both 
sides  had  been  read  before  the  delegates  and  their 
concurrence  expressed.  The  prisoner,  Brace,  was  now 
brought  before  the  delegates,  Mr  Coleman  presiding. 

"  Philander  Brace,  stand  up.     Have  you  aught  tu 


ft 


THEIR  SENTENCES. 


493 


sav  why  sentence  of  death  sliould  not  be  pronounced 
aL^ainst  you?"  asked  tlic  president. 

"  Xo,"  said  Brace,  "  except  that  I  am  innocent." 

"You  have  been  found  guilty  by  the  Conmiitteo 
of  Vigilance  of  the  crime  of  aiding  and  abetting  in  the 
laiirder  of  J.  B.  West  on  Sunday,  June  3,  1855,  and 
von  arc  now  sentenced  by  the  Committee  of  Vigihuicc 
to  he  hanged  by  the  neck  until  you  are  dead,  and  this 
Hcntonce  will  be  carried  into  effect  at  or  about  four 
o'clock  P.  M.  of  this  day,  Tuesday.  And  may  the  Lord 
liavo  mercy  on  your  soul." 

"  Is  that  all,?"  asked  Brace  sneeringly. 

"  That  is  all,"  replied  the  president. 

"  Then  I  am  ready,"  said  Brace. 

Joseph  Hetherington  was  then  sent  for  and  brought 
heforc  the  delegates  by  the  director  of  police. 

"JIavo  you  anything  to  say  why  sentence  of  death 
should  not  be  passed  upon  you  for  the  murder  of  Dr 
IJaiidall?"  asked  the  president. 

"I  don't  know  that  I  have  at  present,"  Hethering- 
ti)ii  replied.  He  then  asked,  "Shall  I  have  the  privi- 
lege of  seeing  my  attorney?" 

"Yes,"  replied  the  president,  who  also  asked  him, 
"Do  you  wish  to  see  a  minister?" 

"I  wish  to  sec  a  minister,"  said  Hetherington,  "but 
I  would  rather  see  H.  H.  Haight  first." 

The  poor  fellow  was  then  sentenced,  and  remanded 
to  his  cell. 


]\Ir  Truett's  law  and  order  brother  objected  to 
i'urther  strangulations  on  his  premises,  although  ho 
l)y  no  means  objected  to  the  revenue  derived  from 
their  use  for  vigilant  or  any  other  purposes.  Davis 
street,  between  Commercial  and  Sacramento  streets, 
was  selected  as  a  site  for  the  execution. 

By  noon  on  the  29tli  of  July,  it  was  generally 
l^nown  about  town  that  two  men  at  least  were  to  be 
executed  by  the  Vigilance  Committee  that  day.  A 
scaffold  was  erected  on  Davis  street,  between  Sacra- 


HETHERINGTON  AND  BRACE. 


mcnto  and  Commercial,  and  the  entire  vigilance  force 
was  under  arms.  Impelled  by  a  morbid  love  of  the 
horrible,  by  three  o'clock  an  immense  concourse  had 
assembled,  filling  the  streets,  balconies,  windows,  and 
roofs  for  four  or  five  squares  round.  Infantry  com- 
panies were  marched  out  and  posted  at  various  points 
commanding  every  avenue  of  approach  to  the  Com- 
mittee building.  Beyond  these  the  cavalry  were 
stationed.  Loaded  brass  cannon  were  placed  at  every 
corner  of  the  square,  and  the  gunners  stood  by  with 
torches  ready  lighted.  Thus  the  military  surroundod 
the  entire  block  within  which  was  situated  the  Vi<,nl- 
ance  Committee  building.  The  scaffold  rose  in  a 
dense  square  of  soldiers  four  or  five  deep.  It  con- 
sisted of  a  platform  eight  feet  square,  elevated  ton 
feet  above  the  street  on  four  heavy  posts,  and  reached 
by  steps  on  the  east  side.  Heavy  upright  posts  on 
the  north  and  south  sides  of  the  platform  supported  a 
cross-tic  seven  and  a  half  feet  above  the  platform. 
Fastened  to  the  cross-tie  were  two  noosed  ropes. 
Nearly  all  the  platform  was  a  trap,  fastened  in  po- 
sition by  a  rope,  which  on  being  cut  let  fall  the  trap. 
All  the  while  this  engine  was  building,  the  vigilant 
forces  were  manoeuvring  about  the  vicinity,  marehinn 
and  countermarching,  all  under  Marshal  Doane,  with 
aids-dc-camp  riding  hither  and  thither. 

About  half-past  five,  everything  being  in  readiness, 
the  prisoners  were  brought  out  and  placed  each  in  a 
separate  closed  carriage,  although  they  had  to  he 
taken  only  round  the  corner.  A  procession  was  then 
formed  in  front  of  the  Committee  rooms,  consistinjj; 
of  the  executive  committee,  a  company  of  pistolmen 
formed  by  delegates  from  each  company  of  the  gen- 
eral committee,  and  the  prisoners,  with  their  guards, 
in  carriages.  The  executive  committee  took  their 
position  to  the  north  of  the  scaffold,  and  the  pistol- 
men  surrounded  it. 

One  of  the  carriages  then  drove  "up  to  the  scaffold 
stairs,   and   out   of   it  stepped   an   intelligent,   tine- 


THEIR  LAST  WORDS. 


405 


loolaiig  man  about  twenty-one  years  of  age,  dressed 
in  Mack  coat,  dark  vest,  checked  cassiuiorc  pants,  and 
ranaind  hat.  That  was  Brace.  He  was  a  man  of 
talent  and  education.  His  arms  were  tied  behind  at 
tlie  tlbows;  his  hands  were  in  his  pantaloons-pockets; 
Ills  eyes  were  nearly  closed;  and  every  niuselo  of  his 
pale  excited  face  seemed  stretched  to  its  utmost  ten- 
sion in  the  desperate  effort  of  the  young  man  to 
nerve  himself  up  for  a  death  of  bravado.  He  was 
led  up  the  steps  by  the  guard  and  placed  on  the  south 
side  of  the  scaffold.  From  the  other  carriage  Hcth- 
crington  was  taken  and  placed  beside  him,  both  facing 
the  west.  Hetherington  was  a  tall  man,  dressed 
in  black,  with  a  sunburned,  full-whiskered  face, 
earliest  and  serious.  His  head  was  covered  with  a 
straw  hat,  and  his  arms  were  bound  like  those  of  the 
other.  There  were  on  the  platform  the  executioner, 
in  black  muslin  robe  and  cap,  and  several  other  per- 
sons. The  culprits'  legs  were  bound,  their  collars 
removed,  and  the  noose  put  round  their  necks.  Heth- 
erington was  docile  and  respectful;  Brace  twisted  his 
mouth  as  the  executioner  put  the  rope  round  his 
neck,  and  threw  into  his  face  a  soul-full  of  scornful 
liate.  The  two  criminals  then  shook  hands  with  each 
other  and  with  several  standing  near  them. 

The  executioner  then  stepped  back,  holding  ready 
in  his  hand  the  white  caps  which  should  shut  this 
world  forever  from  their  vision.  Now,  0  unfortu- 
iiat(}s!  behold  for  the  last  time  earth  with  its  sea  of 
upturned  faces,  and  sky  with  its  silver-lined  clouds 
rolling  in  illimitable  blue;  drink  in  the  last  draught 
of  life-giving  air,  for  soon  that  rope  will  close  all 
avenues  of  breath;  let  lips  and  tongues  now  speak, 
for  a  few  moments  hence  they  will  be  stiff  and  black. 
All,  thou  ugly  monster,  death,  what  a  mysterious 
thing  thou  art!  Every  one  of  that  gaping  multitude 
has  soon  to  die,  the  best  and  the  worst,  and  they  all 
Well  know  it,  and  yet  because  these  righteous  man- 
killers — always  righteous,  ahvays  sure  of  heaven,  for 


400 


HETIIERINGTOX  AND  BRACE. 


HO  tlu'ir  s[)iiitual  physicians  tell  tlicin  jn'ovidcd  tin  y 
can  adapt  tlieir  tonjjfiio  to  certain  niuunnery — Ixcaiiso 
lliey  have  to  die  a  lew  days  sooner  tlian  those  hifure 
them  they  think  it  hard,  very  hard.  Why,  most  uj' 
the  iil'teen  thousand  gathered  there  arc  at  this  wiitin;/ 
dead,  and  yet  how  many  of  their  names,  by  reason  oC 
their  good  or  evil  deeds,  are  enrolled  in  the  immortal 

1)ages  of  history  I    How  many  of  them  have  had  tlicir 
ast  acts  noted,  their  last  words  recorded,  and  luiudcd 
down  to  remotest  generations! 

But  let  us  hear  what  they  have  to  say  while  they  ran 
speak.  And  first  the  new-born  angel  Hetherington. 
"  Gentlemen,  you  may  think  I  am  a  hardened  sin- 
ner," said  he,  "but  I  appear  before  you  mild,  uncon- 
cerned, and  pleased.  I  know  that  in  a  few  minutes  [ 
must  meet  my  maker.  To  the  best  of  my  knowledge 
I  have  not  lived  one  day  that  I  was  not  ready  to  meet 
my  maker  that  night.  Do  not  think  I  am  boasting. 
Such  is  not  my  case.  The  reverend  Bishop  Kip  lias 
been  with  mo  all  day,  or  nearly  all  day.  Have  you 
that  all  down  V  he  now  asked  of  the  reporters. 

"  Oh,  go  onl  go  onl"  here  broke  in  the  other  crimi- 
nal, evidently  throwing  his  whole  vitality  into  liii 
nerves  that  they  might  not  fail  him  now.  "  Say  what 
you  have  to  say!  Here  am  I,  Brace,  murdered  by 
the  Vigilance  Committee,  so  and  so,  like  a — " 

"  I  am  not  more  penitent  to-day,"  continued  the 
heavenly  minded  Hetherington,  "  than  I  have  ever 
been." 

"Go  on,  old  fellow,  goon!"  here  chimed  in  Brace, 
"Hetherington,  in  less  than  an  hour  you  and  I  will 
be  in  hell,  and  the  boys  will  be  singing  out  in  the 
streets,  *  Brace  and  Hetherington's  dying  speech/  and 
we  sh.ij]  be  roasting  in  hell!     Ha,  ha!" 

"Our  conversation  turned  upon  religion,"  continued 
Hetherington,  somewhat  confused,  but  evidently  re- 
ferring to  his  conference  with  Bishop  Kip. 

"  Damn  you,  go  on!"  cried  Brac6,  half  crazed.  "If 
I  could  I  would  kick  you  off  from  there.     Go  ou! 


THEIR  EXECUTION. 


Don't  palaver!  I  don't  want  to  be  here  to  be  stared 
at."  Ills  words  were  mingled  with  oaths  too  horrible 
to  rtpcat. 

"  If  the  gentlemen  in  whose  hands  I  am  wish  it," 
uiL't'kly  replied  Hetherington,  "  I  will  stop." 

"  No,  no!  go  on!"  cried  the  crowd. 

Hetherington  continued  in  about  the  same  strain 
with  constant  reviling  and  noisy  interruptions  from 
Brace. 

"  Gentlemen,"  now  shouted  the  latter,  "  I  want  you 
all  to  understand  that  I,  Brace,  am  murdered  by  the 
Vi;^alance  Committee  on  the  29th  day  of  July  eight- 
een hundred  and  fifty-six!  Do  you  understand  that? 
Is  that  clearly  and  distinctly  s})oken?"  His  knees 
trembled,  his  brain  whirled,  and  his  heart  seemed 
sweltering  in  hate.  He  was  certainly  an  object  of 
j»ity.  Finally  it  became  necessary  to  stop  his  outcries, 
and  one  standing  near  put  a  handkerchief  over  his 
mouth,  though  he  cursed  the  man  that  did  it. 

"  I  defy  the  whole  world  to  |)rove  a  dishonorable 
act  upon  me,"  continued  Hetherington. 

"  Go  on,  damn  you !"  exclaimed  Brace  through  his 
muzzle. 

*'  I  forgive  every  man  living  as  I  expect  my  Re- 
deemer to  forgive  me,"  said  Hetherington. 

"  Go  on,  old  boss  !"  interrupted  Brace. 

"  There  arc  few  men  that  have  lived  the  life  I  have, 
high,  pure,  and  moral,"  continued  Hetherington. 

"  Danni  it,  dry  up !  What's  the  use  talking  ?" 
broke  in  Brace,  "  I'll  roll  myself  up  in  the  American 
Hag  and  die  like  a — " 

"  I  have  not  had  a  fair  trial,"  said  Hetherington. 
''  No  jury  would  have  convicted  me.  I  am  here  a 
spectacle  to  you  all.  I  have  i)rayed  from  the  days  of 
my  youth." 

The  «'  ccutioner  now  approached  and  covered  the 
heads  of  the  condemned  with  the  white  caps,  during 
which  operation  Brace  said  to  him:  "If  I  could  have 
one  last  request  granted  it  would  be  that  I  might  hang 

Pop.  Tbib.,  Vol.  II. 


32 


408 


HETHERIXGTOX  AXD  BRACE. 


il 


I- 


witli  Terry  on  one  side  and  Hetlierington  on  the 
other,  Christ-like,  between  two  thieves." 

The  truth  is  Brace  was  intoxicated  at  the  time  lie 
was  hanged.  It  may  seem  liorrible  to  launch  a  soul, 
dnmk,  into  eternity,  that  is  to  say  if  souls  become  so 
aft'ected  by  intoxicating  drink.  It  created  some  scan- 
dal at  the  time  ;  but  the  Committee  should  scared  v 
be  censured.  It  is  a  nervous  business  to  be  hanged. 
and  humanity  prompted  the  administering  of  scmie 
stimulant  in  a  moderate  degree.  The  guard  told 
Smile}'  that  Brace  had  asked  for  liquor. 

"  That  is  a  small  gratification,"  said  Smiley,  ''  I  see 
no  harm  in  it ;  but  you  had  better  speak  to  the  doc- 
tor aljout  it,  so  that  he  does  not  get  too  much." 

The  guard  afterward  told  Smiley  that  not  more 
than  a  table-spoonful  v/as  given  him,  and  Smile}'  ex- 
pressed himself  satisfied  that  such  was  the  case. 

]  )r  Cole's  testimony  on  this  point  is  conclusive.  In 
his  dictation  he  says:  "Food,  raiment,  and  drink  were 
admitted  to  these  prisoners  only  upon  my  written 
recpiisition,  and  I  am  consequently  responsible  for  all 
that  transpired  as  growing  out  of  these  requisitions, 
and  prepared  to  verify  the  statements  that  I  here 
make.  On  the  morninii:  of  the  execution  of  Brace  and 
Hetlierington  I  made  my  usual  visit  to  the  prisoners, 
i'ound  theni  in  usual  good  health,  Hetlierington  beinn" 
somewhat  depressed,  yet  evidently  making  an  eifort  to 
conceal  that  fact,  whilst  Brace  assumed,  as  he  had 
always  done  when  I  visited  him,  an  air  of  bravado, 
cursing  his  mother,  cursing  his  fate,  his  (vrod,  his 
country,  and  part ieulary  the  Committee;  yet  beneath 
this  manner  there  was  evidently  a  want  of  firnuiess. 
and  I  consequently  allowed  him  to  have,  or  prescribed 
for  hini,  at  ten  o'clock  in  the  morning,  one  ounce  ol' 
brandv,  nnd  an  hour  before  his  execution  one  ounce 
more.  And  this  I  solenndy  aver  was  every  droj)  of 
stimulus  thtit  he  received  during  the  dav  of  his  execu- 
tion.  I  positively  know  it  to  have  been  impossihle 
for  him  Lo  have  received  from  any  one  liquor  in  adeli- 


THE  END. 


400 


tion  to  that  which  I  had  prescribed  for  him.  and  I 
know  therefore  that  his  whole  manner  upon  the 
8C;ill''>hl  was  that  of  a  desperado." 

])urkcc  charges  the  trouble  to  the  chief  of  })()lice, 
and  says:  "Tructt  came  in  and  found  out  the  cause, 
anil  steadied  him  down.  They  quieted  him  witli 
valei'ian." 

Doubtless  someone  out  of  pity  had  given  him  nunc 
than  he  should  have.  After  all,  the  fault  was  not  a 
yiave  one,  if  it  helped  the  sin-bruised  soul  through 
its  lieavy  ordeal. 

It  was  a  very  hot  day.  The  troops  were  all  drawn 
U[»  round  the  square,  and  there  was  a  multitudi'  (-f 
people  on  the  house-tops,  every  available  ])lace  of 
ol>s(rvation  being  occupied.  On  Davis  street,  near 
ulicre  the  death-engine  was  erected,  there  was  a  large 
slifd  which  had  been  used  for  storing  grain,  but  vv;is 
tlini  empty,  the  top  being  covered  with  [)eople.  It 
was  old  and  not  very  stanch,  and  all  at  once  down  it 
came  with  a  great  crash,  bringing  all  the  [)eople  witli  it. 
llrace  M'as  just  then  making  his  speech.  The  soldiers 
at  a  little  distance  were  startled  somewhat,  hearing 
the  connnotion  but  being  unable  to  see  the  cause. 
Naturally  the  first  thought  of  every  one  v.'as  that  the 
vigihuits  were  attacked,  that  there  was  a  rusli  upon 
the  i»i'isoners.  The  military,  nominally  undei-  Doane, 
hut  really  under  Olney,  about  eighteen  hundred  in  all, 
stood  at  tlieir  arms,  moving  not  a  muscle,  showing  not 
the  sliglitest  synq)toms  of  trepidation.  Oliiey  came 
tpiietly  forward  at  the  moment,  lie  glanced  along 
the  lint;;  they  returned  the  glance;  it  was  enougli. 

J"'inally  the  signal  was  givi-n,  it  being  tlien  ten 
mimites  before  six;  the  bell  on  the  roof  of  the  vigi- 
lance building  was  struck,  tlie  i'o[)e  was  cut,  the  tiaps 
i'ell,  and  at  lilteen  minutes  belbre  six  tlie  souls  of  these 
two  men  were  sent  flying  into  realms  beyond  the  sky. 

Mr  Coleman  and  other  members  of  the  executive 


500 


HETHERINGTON  AND  BRACE. 


committee  were  summoned  by  the  coroner  to  testif}'- 
as  to  the  death  of  Hetherington  and  Brace,  but  most 
of  his  questions  they  dechned  to  answer.  Indeed,  it 
was  only  through  courtesy  and  respect  for  the  law  that 
they  answered  the  coroner's  summons  at  all,  for  thcro 
was  then  no  power  in  California  that  could  make  them 
attend.     They  were  the  sovereign  power. 

Mr  Dows  thinks  Hetherington  not  a  very  bad  man, 
the  worst  thing  he  ever  did  being  to  kill  two  iikjh! 
"  Hetherington  killed  Dr  Randall,"  he  says.  "Hu 
with  deliberation  killed  him;  but  in  other  respects  ho 
was  a  good  citizen,  and  never  molested  anybody.  Hu 
was  not  a  thief  nor  a  rough  character.  Brace  was  a 
thief  and  a  murderer,  and  a  low  man  altoge^ht  r." 
Yet  Brace  is  spoken  of  as  bright  and  \nt"lli;  i 
with  something  of  the  ministerial  look  about  liiii;  -, 
one  of  the  members  remarked.  " Hetheringto  i  was 
a  gentlemanly,  well  educated  man,"  says  Watkiiis. 
''Brace  was  a  desperado  of  the  worst  sort." 

Hetherington  attended  carefully  to  all  his  business, 
and  the  night  before  his  execution  carefully  filed  all 
his  papers.  Crary,  Bishop  Kip,  and  Fletcher  ^1. 
Haight  were  with  him  nearly  all  night.  He  had  two 
chests  of  clothing,  books,  and  papers  in  his  cell,  oii 
one  of  which  Crary  was  sitting  when  he  dro[)pu(l 
asleep,  and  would  have  reached  the  floor  had  he  not 
been  caught  by  Hetherington,  who  laughingly  said, 
"Here  is  one  of  my  terrible  executioners  falling  into 
my  arms  asleep  I" 


CHAPTER  XXIX. 


AREEST  AND  TRIAL  OF  DURKEE  AND  RAND  FOR  PIRACV. 


Yet  ar  theao  folys  ioyous  in  theyr  mynde, 

They  norysshe  stiyfe  without  ende,  them  amonge 

And  some  by  falshode  can  crafty  mcane?  fynde 

By  fals  delayes  theyr  mater  to  prolonge; 

Suchc  folys  drawyth  the  lawe  tlius  wyse  a  longe, 

To  that  intent  that  by  rightwyse  iugenient 

Transgressours  shoulde  iiat  haue  worthy  punysshement. 

The  Ship  of  Fooh. 

AxoTHER  important  affair  which  came  up  during 
Terry's  incarceration,  beginning  earHer  and  extending 
later  than  the  incidents  mentioned  in  the  last  chap- 
ter, was  the  arrest  of  Durkee  and  Rand  by  order  of 
t]ic  United  States  Commissioner  and  their  trial  for 
jiiracy. 

Though  the  great  dragon,  by  Judge  Terry's  bowie- 
knife  argument  and  the  consequent  capture  of  the  armo- 
ries, had  received  its  death-wound,  its  stinking  ])reuth 
was  not  yet  wholly  stopped.  About  half-past  three 
oVloek  on  the  Sunday  afternoon  following  the  niem- 
<)ral)lo  Saturday  of  law  and  order  undoing,  while 
Duikce  was  sitting  on  a  dry-goods  box  at  the  corner 
(if  Sacramento  and  Front  streets,  serenely  cogitating 
upon  the  events  of  yesterday,  and  chewing  the  cud  of 
lionest  content,  two  deputies  of  the  United  States 
^Marshal  approached  him  and  read  a  warrant  for  liis 
arrest. 

It  seems  an  affidavit  had  been  made  before  Georgia 
Penn  Johnson,  United  States  Commissioner,  tlie  day 
jirevious,  which  was  the  21st  of  June,  b}'  John  H. 
J*liillips,  one  of  the  persons  in  charge  of  the  arms  on 
board  the  Julia,  charging  Durkee,  with  his  eompan- 


502 


ARREST  AND  TRIAL  OF  DURKEE  AND  RAND. 


I 


ions  Hutton,  Rand,  anc^  Andrews,  with  the  crime  of 
])iracy  on  tlie  high  seas;  "to  wit,  in  the  bay  of  Sau 
Pablo,  where  the  sea  ebbs  and  flows,  did  commit  11  ic 
crime  »jf  robbery  in  and  upon  a  vessel,  to  wit,  the  Juliit. 
a  schooner  so  called,  and  upon  the  lading  thereof,  and 
did  feloniously  and  piratically  overhaul,  board,  and  ml) 
the  said  vessel  of  a  large  quantity  of  muskets,  of  the 
[)roperty  of  the  state  of  California,  and  with  f »r(f 
and  arms  did  commit  other  injuries  to  and  on  board 
of  the  said  vessel,  contrary  to  the  acts  of  congress  in 
such  case  made  and  provided,  and  against  the  peace 
and  dignity  of  the  United  States." 

The  deputies  then  requested  Durkee  to  aecompniiy 

^  to  the  United  States  Marshal's  office,  corner  dt' 

"Vv  •    aington  and  Battery  streets.    "That  is  all  right," 

said  Durkee.     "Put  your  paper  in  your  pocket  and  I 

will  go  right  along  with  you." 

Durkee  might  easily  have  resisted,  and  the  Coiii- 
niittee  would  have  sustained  him  in  it.  "But  it  strucl- 
nie  like  a  flash,"  he  says,  in  his  dictation,  "that  it  v.as 
best  for  me  to  go.  Had  I  refused,  the  Committee  and 
the  United  States  government  would  have  been  at 
loijGfcrheads."    Thus  we  see  there  were  wisdom  and 

I  •  •  • 

prudence  even  outside  the  executiv  committee.  \v- 
rived  at  the  commissioner's  quarters,  Durkee  wrote 
the  Committee  informing  chem  of  his  arrest.  Dem|t- 
ster,  Dows,  and  others  immediately  proceeded  to  the 
spot,  and  told  him  not  to  be  uneasy.  Durkee  had  no 
thoughts  of  being  uneasy.  There  he  was  kept  during' 
the  night,  every  comfort  being  freely  at  his  disj>o  vd. 
Uidimited  bail  was  promptly  offered  by  the  Com- 
mittee, Init  the  commissioner  had  no  authority  to 
grant  bail  in  cases  of  the  kind.  It  was  at  this  time, 
simultaneously  with  the  arrest  of  Durkee,  that  the 
Ignited  States  sloop  of  war  John  Adams  moored  <li- 
rectly  in  front  of  Sacramento  street — significant,  some 
tliought,  of  federal  interfei'ence. 

During  its  entire  existence,  with  the  exception  of 
Boutwell  and  certain  officers  of  the  United   States 


PIRACY  AXD  ITS  PENALTY. 


503 


courti?,  whether  warranted  or  not,  the  Coniuiitteo 
ri'sti'd  in  the  behef  that  interference,  in  the  8haj)e  of 
uctual  coercion,  would  not  happen  on  the  |>art  of  tlio 
t'cdcral  forces  so  long  as  the  officers  could  avoid  col- 
lision without  laying  themselves  open  to  the  charge 
of  disobedience.  This  feeling  originated  in  the  as- 
surances received  that  there  would  be  no  naval  or 
military  force  brought  against  them  until  orders  to 
that  etfect  were  received  from  Washington.  It  was 
witli  deep  regret,  therefore,  that  the  Connnitteo  in- 
volved themselves  in  a  suit  with  the  United  States. 

Tlie  2Gth  of  June  the  United  States  Marshal,  J. 
Y.  ^IcDuffic,  wrote  Boutwell,  saying  that  lie  had  then 
ill  ]n>  custody  a  prisoner  charged  with  piracy,  and 
asking,  i/  case  an  attempt  was  made  to  lescue  him, 
it'  the  commander  of  the  Adam^  would  receive  said 
prisoner  on  board  his  vessel  for  safe-keeping.  Bout- 
woll  immediately  informed  the  marshal  that  he  would 
ivcL'ive  the  prisoner, 

Xext  morning  T3urkee  was  brought  into  a  coiu't- 
room  crowded  with  anxious  spectators,  but  the  case 
was  postponed.  Acct)rding  to  the  laws  of  the  United 
States  piracy  was  death;  any  person  committing  a 
rol)l)ery  on  the  high  seas  under  color  or  pretence  of 
ar.tliority  or  commission  from  any  person  or  [)()wer 
V.  as  adjudged  a  pirate,  and  all  who  aided  piracy  or  coun- 
scllod  the  perpetrators  should  suffer  death.  Now 
iiii''ht  the  whole  eio-ht  thousand  hano;!  Law  and 
oi<lor  was  jubilant.  A  subi)ocna  was  issued  by  tlie 
commissioner  for  J.  li.  Maloney  to  attend  as  witness. 
It  was  placed  in  the  hands  of  the  de[)uty-mai'shal, 
who,  as  we  have  seen,  on  application  to  the  Vigilance 
Committee  was  permitted  to  search  their  building 
throughout,  but  no  such  ])erson  could  be  found. 

Official  information  of  J)urkeo's  arrest  was  brought 
before  the  Executive  Sunday  evening,  accompanied  by 
intimation  of  danger  on  the  part  of  his  cxasporated 
conn-ades  of  attempts  at  rescue.  Whereupon  it  was 
ordered  bv  the  Connnittee  "that  the  marshal  take  the 


tm 


ARREST  AKD  TRIAL  OF  DURKEE  AND  RAND. 


necessary  steps  to  prevent  so  gross  a  breach  of  military 
discipline  as  the  rescue  of  John  L.  Durkee  without 
orders  from  the  executive  committee." 

Able  counsel  was  provided  Durkee  by  the  Com- 
mittee. The  case  was  taken  from  the  United  Status 
Commissioner's  court  to  the  United  States  District 
Court,  and  after  several  days'  discussion  the  prisoner 
was  admitted  to  bail  in  the  sum  of  twenty-five  thou- 
sand dollars.  E.  B.  Goddard,  James  Dows,  J.  W. 
Brittan,  and  Samuel  Soule  immediately  signed  a  bond 
for  that  amount,  and  Durkee  was  discharged  after  ouo 
week's  confinement. 

The  action  of  Durkee  in  submitting  to  the  arrest 
was  approved  by  the  Committee;  and  a  motion  was 
made  by  Mr  Smiley  and  carried  that  Andrews,  Rand, 
and  Hutton  be  requested  to  submit  peaceably  to  the 
orders  of  arrest  issued  by  the  United  States  court. 

The  men  of  law  were  somewhat  disposed  to  play 
their  little  prisoner  Durkee  against  the  Committee's 
large  prisoner  Terry.  They  did  not  wish  to  hant; 
Durkee,  though  they  might  be  compelled  to.  The  2;jc1 
of  Juno  ]\Ir  Dows  reports  respecting  Durkee,  that 
IMoHsrs  Crockett  and  Duer,  appointed  by  the  Com- 
mittee for  his  defence,  affirmed  that  there  was  a  strong 
desire  on  the  part  of  the  law  and  order  party  not  to 
}ness  the  trial  of  Durkee,  and  that  in  all  probability 
the  affair  would  soon  be  settled. 

Charles  E.  Rand,  one  of  the  associates  of  Durkee 
in  the  capture  of  the  arms  on  board  the  Julia,  was 
arrested  for  piracy  on  the  7th  of  July.  He  was  im- 
mediately admitted  to  bail  in  the  sum  of  twentv-fivo 
thousami  dollars,  J.  H.  Fish,  T.  J.  L.  Smiley,  N.  i). 
Arrington,  and  Jules  David  being  his  bondsmen. 

The  United  States  grand  jury  on  the  3d  of  Sep- 
tember brought  in  indictments  for  piracy  against  John 
L.  Durkee  and  Charles  E.  Rand,  both  of  whom  were 
then  re-arrested  and  placed  in  confinement  in  the 
county  jail.     The  Vigilance  Committee  had  before 


THE  SIGNIFICANCE  OF  AFFAIRS. 


i505 


tliis  adjourned,  as  we  shall  see  in  subsequent  chapters. 
This  proceeding  of  the  grand  jury  coming  so  soon  after 
tlio  adjournment  caused  some  excitement,  and  all 
iiienibers  of  the  Committee  were  ordered  to  hold 
till  inselves  in  readiness  to  act  when  summoned.  The 
exultation  of  the  law  and  order  faction  over  this  ill- 
tin  led  action  of  the  jury  was  no  less  injudicious  than 
imirderous.  Were  it  really  the  desire  of  these  men 
to  precipitate  civil  war,  this  was  their  most  direct 
loiirse.  All  was  now  quiet.  Even  its  bitterest  enc- 
iiiios  were  forced  to  acknowledge  that  the  Committee 
had  done  a  good  work  and  done  it  well.  They  all  well 
knew  that  Durkee  and  Rand  intended  no  felony,  that 
thoy  were  morally  no  more  to  blame  for  that  act  than 
any  member  of  the  Committee  or  than  the  best  man 
oi'  the  community,  and  they  also  well  knew  that  the 
Committee  were  not  made  of  such  stuff  as  would 
stand  tamely  by  and  see  these  persons  hanged  for  the 
doing  of  a  good  deed  though  twenty  governments  with 
twenty  John  Adams  stood  ready  to  annihilate  them. 
Then  would  be  riot  and  bloodshed  indeed. 

These  arms,  claimed  to  have  been  stolen  from  the 
state,  tlie  Committee  seized  only  that  they  might  not 
1m>  employed  against  themselves,  and  not  with  intention 
( >t'  using  them.  Nor  were  they  ever  used  by  the  Com- 
iiiitteo,  but  were  removed  from  the  rooms  on  Sacra- 
luonto  street  on  the  day  of  their  arrival,  and  stored  in 
thi^  original  packages  to  be  delivered  back  to  the  state 
at  the  proper  time.  As  long  as  the  governor  neg- 
lected to  withdraw  his  proclamation  it  could  hardly 
Ijo  expected  the  Committee  would  give  them  up. 

The  trial  for  piracy  did  not  take  place  for  several 
(lays.  On  the  11th  of  September,  at  half-past  one, 
the  rase  was  brought  before  M.  Hall  ]\IcAllister,  of 
the  United  States  Circuit  Court,  William  Blanding 
appearing  for  the  prosecution  and  ]\Ir.  Crockett  for 
the  defence.  It  was  a  most  important  trial,  involv- 
ing, perhaps,  anarchy  and  bloodshed.  The  court- 
room  was   crowded,   and  the   utmost    anxietv    was 


tS' 


'  ^1 


50G 


ARREST  AND  TRIAL  OF  DURKEE  AND  RAND. 


' 


manifested.  The  trial,  however,  was  little  more  than 
II  formality.  The  prosecution  admitted  a  fclonii)U.s 
intent  necessary  to  conviction  under  the  statute,  hut 
claimed  that  this  was  a  felonious  taking,  and  that  it 
was  not  necessary  to  show  pecuniary  gain  to  convict. 
The  defence  argued  the  usual  denial;  and  at  ten 
o'clock,  the  court  having  continued  sitting  during  the 
evening,  the  case  was  submitted.  The  judge  charged 
the  jury  that  if  they  believed  the  prisoners  toolc  the 
arms  with  the  intention  of  appropriating  them  to 
their  own  use  and  permanently  depriving  the  owntr 
of  them,  then  they  were  guilty,  but  if  they  took  tlieiu 
only  for  the  purpose  of  preventing  their  being  used 
against  themselves  and  their  associates  then  they 
were  not  guilty. 

Huzzah  for  the  law  1  Justice  may  yet  be  had  in 
courts,  provided  the  three  parties  to  a  trial,  judge, 
])rosecution,  and  defence,  all  pull  in  one  direction,  and 
are  not  over-scrupulous  as  to  technicalities.  The 
charge  was  most  favorably  received  by  the  spectators; 
their  rising  applause  was  checked  and  the  jury  signed 
to  retire.  Five  minutes  only  they  were  absent,  and 
then  a  verdict  of  not  guilty.  Order  could  no  longer 
be  kept  in  court.  The  smothered  feelings  of  tlie 
audience  now  broke  forth  in  loud  cheers  and  clapping 
of  hands.  The  prisoners  were  immediately  discharged, 
and  were  triumphantly  escorted  to  the  Committee 
rooms  by  tlie  vigilants,  amidst  the  shouts  of  the  mul- 
titude. A  procession  was  then  formed,  and  headed  by 
a  band  of  music,  this  final  happy  triumph  of  the  San 
Francisco  Vigilance  Committee  was  celebrated  by 
marching  the  streets  and  general  rejoicing. 

Durkee  tells  his  story  in  the  following  words :  "They 
did  not  want  to  have  any  hearing  of  the  case,  because 
tlicy  wanted  the  Committee  to  commit  some  overt 
act.  I  was  not  at  all  frightened.  The  penalty  was 
death,  hanging  at  the  yard-arm.  They  had  the  slooj) 
of  war  John  Adams  brought  down  so  as  to  take  me 
right  aboard  in  case  of  my  conviction.     I  never  had 


THE  SEVERAL  MOTIVES. 


m 


nil  idea  that  I  .should  jCjot  aboard  there  if  convicted. 
Tilt'  Committee  would  have  looked  out  for  that. 
Tiity  had  a  great  many  men  under  arms  at  the  time. 
If  tlicrc  had  been  a  jury  to  try  me  the  same  as  the 
orniid  jury,  there  would  have  been  no  trouble  about 
(iMiviction.  The  grand  jury  was  a  packed  jury,  anti- 
vinilancG  men.  The  petit  jury  was  a  different  affair. 
!Mv  counsel  had  the  names  of  all  the  jurors  before  the 
tiiiil.  They  knew  who  they  were  and  all  about  them. 
Tlif  Connnittec  had  the  history  of  every  man  who 
caiiie  to  the  country.  I  knew  when  the  first  man 
niit  drawn  on  the  jury  that  I  should  not  be  convicted, 
lie  was  a  member  of  the  Committee  and  his  name  was 
IJiiyleys."  All  which  shows  that  the  law  may  bo 
warped  to  fit  a  good  purpose  on  occasion. 

The  Committee  were  weary,  very  weary,  of  the 
wlidle  affair.  They  had  hoped  to  retire  by  the  4th  of 
.Inly,  and  then  again  after  the  discharge  of  Terry, 
aiul  but  for  the  indiscreet  action  before  the  United 
States  district  court  would  have  done  so.  The  coun- 
try needed  repose,  the  Committee  needed  repose  after 
tlu'ir  months  of  harassing  excitement.  All  this 
wliile  the  Conmiittee  had  directed  its  effort  toward 
the  linal  accomplishment  of  its  mission  and  toward 
(■aiming  the  public  mind  when  the  indictments  were 
issued  against  Durkee  and  Rand  for  piracy,  and  the 
()1<1  sores  were  opened  afresh. 

At  every  step  in  this  movement,  from  first  t<:>  last, 
one  cannot  but  remark  the  difference  in  the  motives 
actuating  the  one  side  and  the  other.  The  sole  de- 
sire of  the  Vigilance  Committee  was  to  promote  the 
general  good;  it  was  peace  and  morality  only  they 
souglit,  and  this  in  all  charity  and  unsellishness, 
while  the  actions  of  the  opposition,  lawyers,  shoulder- 
strikers,  and  officials,  seemed  governed  only  by  jeal- 
<iusy,hate,  and  an  insatiable  thirst  for  retaliation  and 
levenge.  Not  that  their  patriotism  so  warmed  tliem 
toward  the  rights  of  constitutional  government,  but 


MS 


ARREST  AND  TRIAL  OF  DURKEE  AND  RAND. 


because  they  themselves  had  been  touched,  their  con- 
duct questioned,  and  their  misbehavior  condenniuil. 
They  cared  not  one  whit  for  the  stat<^,  they  cared  not 
one  whit  for  the  right,  they  cared  only  for  themselvus. 

If  their  jealousy  and  hate  gave  them  time  to  con- 
sider they  could  not  but  see  that  their  course  in 
this  piracy  matter  was  directly  opposed  to  the  puMic 
good,  and  must  be  forever  deplored  by  right-niindfd 
men.  There  was  no  piracy  intended  or  committed. 
There  was  not  one  of  these  grand  jurymen,  officers, 
judges,  or  lawyers  who  for  a  moment  believed  that 
Durkee  or  Rand  contemplated  such  an  act  or  com- 
mitted such  an  act  as  robbery  upon  the  high  seas. 
They  were  officers  acting  under  warrant  of  the  then 
existing  supreme  powers,  and  this  charge  was  thus 
di.sgracefully  brought  against  them  only  out  of  hate 
and  revenge.  "  Even  the  judge  of  the  United  States 
district  court,"  says  the  Sacramento  Union,  '*ap})ears 
to  1)0  operated  upon  by  this  personal  feeling,  if  we 
are  permitted  to  make  up  our  conclusions  from  his 
jnist  acts." 

I  see,  though  they  cannot,  more  of  the  mob  spirit 
in  these  officers  of  the  law  than  in  the  Vigilance  Com- 
mittee; I  see,  though  they  cannot,  more  passionate 
display  of  feeling,  less  of  settled  principle,  more  re- 
venge, less  patriotism,  more  selfishness,  less  care  for 
the  welfare  of  the  state  in  these  zealous  guardians  of 
the  ^aw,  than  in  those  who  for  virtue's  sake  broke  the 
law.  Under  their  iron  heel  of  power  I  see  judges 
crush  justice,  and  officials  display  a  spirit  dangerous  to 
the  connnonwealth,  a  spirit  far  more  anarchical  than 
that  which  pervades  the  deep  loyalty  which  will  not 
suffer  our  honored  institutions  to  be  wholly  prosti- 
tuted. 

On  the  25th  of  June,  the  Committee  held  confined 
as  prisoners  fifteen  persons,  besides  several  as  wit- 
nesses, which  subjected  them  to  the  expense  of  a  strong 
guard  and  other  heavy  outlays.    Three  were  releasctl 


THE  REVEREND  SENTINEL. 


509 


the  day  before,  after  signifying  their  assent  to  the 
requisitions  of  the  Committee,  which  were  that  they 
would  never  bear  arms  against  the  Committee. 

The  cells  of  the  Committee  were  again  emptied  of 
tlieir  contents,  save  only  the  prisoners  Terry  and 
Brace,  by  the  steamer  John  L.  Stephens  of  the  5th  of 
July;  on  which  occasion  departed  T.  B.  Cunningham, 
J.  R.  Maloney,  Alexander  Purple,  Dan  Aldrich,  Tom 
;Mullory,  and  L.  Mahoney.  Experience  constantly 
developed  new  forms  of  doing  business.  Criminals 
wure  now  required  to  put  their  exile  papers  in  the 
form  of  prayers  requesting  permission  of  the  Com- 
initttee  to  depart  never  to  return.  The  order  grant- 
ing their  prayer  reads  as  follows:  that  whereas  they 
luul  "been  charged  with  various  offences  against  the 
peace  and  good  order  of  the  state,  now  therefore  in 
case  the  above-named  parties  pray  to  be  allowed  to 
leave  the  country,  be  it  resolved  that  their  prayer  be 
granted  upon  the  special  condition  that  they  never  re- 
turn under  the  severest  penalties,  and  that  they  be 
warned  thereof." 

While  Terry  was  in  durance,  and  vigorous  efforts 
were  being  made  for  his  release,  Mr  Dempster  had 
occasion  one  evening  to  leave  the  Executive  chamber 
for  a  short  time.  On  returning,  the  sentinel  at  the 
door  addressed  him,  calling  him  by  name.  In  the  dim 
light  Mr  Dempster  did  not  recognize  him,  and  de- 
manded who  he  was.  The  man  gave  the  name  of  a 
Methodist  clergyman  who  had  been  compelled  to 
abandon  preaching  for  farm  labor  on  account  of  his 
health. 

"What  brought  you  here"?"  asked  Mr  Dempster. 

"  Hearing  that  the  Committee  were  about  to  be 
attacked,  I  deemed  it  my  duty  ^o  come  to  town  and 
offer  my  services.  I  was  cnr'  ilo<;  this  morning  and 
put  here  upon  guard  and  have  been  here  ever  since. 
Either  vigilance  watches  are  very  long  or  else  I  have 
been  forgotten.  At  all  events  my  stomach  tells  me 
that  something  to  eat  would  not  be  out  of  place."    It 


CIO 


ARREST  AND  TRLVL  OP  DURKEE  AND  RAND, 


i.s  singular  into  what  predieanicnts  du  anctiiucs 
calls  niinistcr.s  of  the  gospel.  The  truui  of  this 
matter  was,  the  man  wanted  the  twenty  dolhiis  a 
week  and  could  earn  it  more  easily  standing  sentinel 
than  pruning  grape-vines;  hence  the  call  of  duty. 

Again  at  the  meeting  of  Monday  morning,  the  lltli 
of  July,  the  question  of  office  arose  in  connection  with 
the  increasing  power  of  the  association.  Politicil 
proclivities  were  manifest  in  certain  quarters,  and  it 
was  feared  that  these,  as  is  invariably  the  case,  would 
tincture  justice.  The  moment  a  member  was  sus- 
pected of  being  open  to  the  influence  of  politicians, 
that  moment  his  associates  lost  confidence  in  him. 
He  was  not  one  of  them;  no  longer  a  sinjifle-heartiMl, 
true  man.  "Whereas  the  Committee  of  Vigilanci'," 
says  the  record  of  proceedings  of  the  14th  of  July, 
"as  a  body  have  no  political  objects  whatever,  nnd 
its  members  desire  to  keep  free  from  identification 
with  political  aims;  therefore,  resolved,  that  no 
member  of  the  executive  committee  or  other  promi- 
nent officers  of  the  Committee  c  Vigilance  shall,  witli 
the  sanction  of  this  body,  ace  ny  appointment  to 

I)ublic  office."  Three  days  aiLv.,.  vVilliam  Rabe  wiis 
suspended  "for  having  attempted  to  introduce  politics 
into  tliis  body  and  for  attempting  to  overawe  tlic 
executive  committee,  and  that  his  case  and  all  his 
communications  bo  referred  to  the  board  of  delegates 
for  their  action." 

About  the  middle  of  August  the  schooner  Exact, 
which  had  been  purchased  with  the  intention  to  send 
it  in  search  of  Edward  McGowan,  was  sold  for  the 
sum  of  twenty-four  hundred  dollars,  and  the  money 
paid  into  the  treasury. 

At  a  meeting  of  the  executive  committee,  held  the 
1st  of  September,  a  committee  of  five  was  appointeil 
to  take  into  consideration  the  propriety  of  publishing 
a  complete  history  of  the  origin  and  doings  of  the 
A'^igilance  Committee,  with  collateral  facts  and  testi- 
mony. 


PROPOSED  HISTORY. 


iH 


"One  of  the  favorite  arguments  uned  l>y  tlio  apologists  of  the  Vigilunco 
riiiiuiiittct',"  8/iy8  the  J/iniltloi  tlin 'JHth  of  ScptciiilMT,  "during  its  rrigii  in 
tliisiity  toiiuiottiieiijipri'liensionsof  ovi'u  tliosi'  wlio,  though  tiit'yHyni])iitiii/uil 
to  sonio  L'xtiiitin  till)  I'ourse  pursued  hy  the  Coniniittuo,  yet  couhl  notconcuul 
their  npiiri'hfnsions  for  tlio  future,  wiiun  executions  and  ))anisliinentHand<Ioini- 
cili:iiy  visits  andarrests  foUowed  in  (juicii  succession,  was  tliat  after  tlie  worli 
wiiiiii  the  (Joniniitteo  organized  to  carry  out  was  acconiplisiied  and  the  testi- 
iiKiiiy  wjiicii  they  iiad  taken  before  them  and  upon  which  tiieir  action  in  every 
instaiifo  was  hased,  was  published,  everybody  wouhl  bo  mitislied.  ^Ve  have 
A\  lilted  patiently  for  some  time  past  for  tiie  publication  of  tlie  entire  testimony 
tiiiieii  before  the  Vigilance  Committee,  but  up  to  the  present  hour  it  has  not 
niii<le  its  appearance.  It  is  true  that  the  testimony  taken  in  the  case  of  .]  udge 
'I'erry  has  been  published,  but  that  is  surely  not  all  the  testimony  that  has 
been  tiiken  by  the  Vigilance  Committee.  If  it  was  just  and  proper  that  the 
testimony  in  this  particular  case  should  be  imblished,  why  not  the  balance? 
For  upwards  of  ninety  days  the  Vigilance  Committee  was  the  ilrftfto  govern- 
ment of  this  city.  If  it  ruled  at  all,  it  ruled  over  the  whole  p(!ople  of  the 
eniintry— friends  as  well  as  foes.  At  the  time,  resistance  to  its  mandates  by 
any  one  individual  would  be  nothing  better  than  foolhardinesH,  and  though 
every  individual  in  the  community  was  not  obliged  to  formally  acknowledge 
its  sway,  yet  if  the  contingency  should  arise,  they  would  have  been  obliged 
to  do  so.  Hence  it  is  that  iivery  person  in  the  community,  no  matter  whether 
lie  miiy  have  been  a  member  of  the  Vigilance  Committee  or  a  synipathi/.er  in 
its  action,  or  its  bitterest  toe,  has  aright  to  demand  that  he  shall  have  an 
opportunity  to  examine  for  himself  the  premises  from  which  the  ('onimittce 
ilediicc'd  the  conclusions  to  which  in  every  case  before  them  they  arrived.  All 
we  know  at  the  present  time — all  anybody  knows,  is  that  certain  individiuda 
Iiiivo  been  executed  and  certain  other  individuals  have  been  banished  by  order 
of  the  Vigilance  Committee,  but  whether  the  sentences  pronounced  in  all  an<l 
every  case  before  them,  even  admitting  for  the  sake  of  argument  that  they 
had  a  right  to  sit  in  judgment  upon  the  lives  of  their  fellow-citizens,  were  in 
aeeordance  with  justice,  cannot  be  determined.  It  Mill  not,  we  think,  bo 
eliiiuicd  by  the  most  enthusiastic  supporterof  mob-law,  that  cither  the  execu- 
tive committee  or  the  general  conmiitteo  were  infallible.  To  err  is  human, 
and  if  errors  have  been  committed,  we,  as  one  of  the  governed,  have  a  right 
to  know  whether  these  errors  arc  to  be  set  down  to  that  common  trait  in  the 
human  character,  or  to  passion  and  prejudice.  Some  of  the  cases  disposed  of 
by  the  Vigilance  Committee  had  previously  undergone  investigation  in  the 
courts,  and  in  relation  to  thcin,  it  is  well  known  that  a  great  diversity  of 
oiiiiiion  prevailed.  Xow  it  is  due  to  the  community  that  the  Vigilance  Com- 
mittee should  spread  before  the  public  the  testimony  in  these  cases,  in  order  that 
people  may  be  enabled  to  form  an  opinion  as  to  how  the  Vigilance  Conmiitteo 
could  come  to  a  conclusion  incases  in  which  respectable  juries  had  pircviously 
disagreed,  and  as  to  whether  the  additionfil  light  thrown  on  the  facts,  if  any, 
oil  the  trial  before  that  body,  justified  that  conclusion.  It  surely  cannot  bo 
expected  that  men  in  whoso  hearts  the  faintest  glow  of  a  love  of  liberty  re- 
mains will  be  willing  to  place  not  only  their  lives  and  property  but  their 
consciences,  in  the  safe-keeping  of  a  vigilance  committee.     It   cannot  be 


612 


ARREST  AXD  TRIAL  OF  DURKEE  AND  RAXD. 


supposed  that  by  consenting  to  the  establishment  of  a  vigilance  committco  the 
lieople  surrendered  all  right  to  think  for  themselves  and  form  their  own  con- 
clusions upon  passing  events.  But  we  think  we  have  said  enough  upon  the 
subject  to  show  that  it  is  a  duty  which  the  executive  committee  owe  to  them- 
selves— a  duty  which  they  owe  to  the  community  at  large,  witliout  disti no- 
tion, to  publish  to  the  world  the  testimony  which  they  liave  taken  in  evi'i-y 
single  case  examined  and  passed  upon  by  them,  or  if  it  would  be  too  e.xptjii- 
sive  to  publish,  at  least  to  place  the  testimony  where  it  can  be  examine  I  \,y 
every  citizen  who  may  have  doubts  as  to  the  justice  of  this  sentence  or  that. " 

Not  less  than  a  score  of  writers  conceived  i)lans, 
and  made  efforts  toward  their  execution,  of  producino- 
a  history  of  the  vigilance  movements,  but  all  such 
attempts  were  incontinently  frowned  down  by  tlit- 
Committee.  Foremost  among  these  was  Mr  Rhodes, 
who  over  the  nom  de  plume  of  "Caxton"  had  done 
valiant  work  on  the  side  of  vigilance. 

The  following  explains  his  ideas: 

"Sa.v  Fhaxcisco,  Oct.  13,  1856. 
"To  the  Hon.  the  Executive  Committee  of  the  Committee  of  Vifjilance: — 

"  (jrENTS :  At  the  request  of  a  number  of  gentlemen,  members  of  your  asso. 
elation,  I  have  consented  to  write  a  historical  sketch  of  the  Vigilance  (^oiii- 
inittee,  provided  access  would  be  afforded  me  to  the  record  of  that  boily  for 
sucli  information  as  cannot  be  elsewhere  obtained  of  an  authentic  chai-iiL'ttr. 

"The  sketch  will  not  include  the  publication  of  evidence,  and  is  not  de- 
signed to  implicate  the  characters  of  thost:  who  have  in  no  manner  been  pun- 
ished Ijy  the  Committee. 

' '  I'leaso  let  me  hear  the  result  of  this  application  at  as  early  a  day  us 
possible.  Respectfully,  your  obed't 

"Wm.  H.  Rhodes." 


The  book  was  not  written ;  the  time  was  not  ripe. 


CHAPTER  XXX. 


THE    PUEBLO    PAPERS. 


Nam  curiosus  nemo  eat,  quin  sit  malevolus. 

Plautua. 

One  day  there  came  to  the  Committee  rooms  an  old 
^Mexican,  named  Tiburcio  Vasquez,  being  in  great 
trouble  as  to  the  whereabouts  of  certain  papers  al- 
loyed to  have  been  taken  from  him  fraudulently  by 
Alfred  A.  Green,  a  member  of  the  Vigilance  Com- 
mittee. Now  it  was  not  uncommon  for  old  and  young 
]\Iexicans  and  others  to  bring  their  griefs,  of  whatso- 
ever kind,  and  lay  them  at  the  feet  of  vigilance;  but 
it  was  a  rare  occurrence  for  any  one  to  come  to  the 
Ci)uimittee  and  complain  to  it  of  one  of  its  members. 

The  Vigilance  Conmiittee  was  by  no  means  intended 
as  an  association  for  the  protection  of  criminalfs, 
th  •ugh  some  bad  men  sought  to  shelter  their  iniquity 
under  the  shadow  of  its  wing,  and  Green  was  one  of 
these.  Tiburcio  Vasquez  found  attentive  listeners  to 
his  tale.  The  matter  was  thoroughly  examined,  and 
the  Connnittee  came  to  the  conclusion  that  the  Mexi- 
can's stcry  was  true,  and  that  Green  was  a  bad  man. 

The  facts  of  the  case  were  these.  Through  his 
wife,  who  was  a  Mexican,  Green  had  learned  that  the 
j)ui)ers  establishing  the  bound  and  title  of  the  town 
(»f  Verba  Buena  to  her  pueblo  lands  were  in  the  pos- 
session of  Vasquez,  formerly  superintendent  of  Mission 
Dolores,  and  keeper  of  the  mission  archives.  Vasquez 
lived  at  his  rancho  in  San  Mateo  county,  some  twelve 
leagues  hence. 

Pop.  Tbib.,  TOL.  11.    33  (613) 


514 


THE  PUEIJLO  PAPERS. 


'i: 


Most  of  the  papers  belonging  to  the  mission,  Vus- 
quez  had  given  up  to  the  comandante  at  Yciha 
liuena.  But  it  appears  that  certain  old  California  us, 
believing  that  the  English  would  yet  deliver  IIk  m 
from  the  hands  of  the  Americans,  and  restore  their 
country  to  the  Mexican  government,  had  agiri'd 
among  themselves  to  keep  back  such  pa})ers  us  w- 
ferrcd  to  the  pueblo's  title,  neither  to  give  them  to 
the  Americans,  nor  yet  to  destroy  them. 

Almost  the  entire  northern  end  of  the  peninsula 
of  San  Francisco  was  at  that  time  lying  under  the 
curse  of  disputed  titles.  Score-?  of  fraudulent  claims, 
arising  often  from  forged  grants,  wherein  the  aii- 
dacit}'  of  the  claimant  was  equalled  only  by  the  unv^- 
nitude  of  his  swindle,  filled  the  courts,  and  kept  real 
l)roperty  in  a  constant  state  of  feverish  excitenunt. 
Green  saw  money  in  these  papers,  if  perad venture  ho 
might  clutch  them.  To  obtain  them  by  fair  means  was 
impossible.  The  Californians  knew  their  value,  and 
would  not  part  with  them.  Villainy  being  determined 
on,  there  were  two  ways  of  accomplishing  it.  Fiist, 
by  stealing  them  outright,  though  this  would  be  at- 
tended with  danger  of  San  Quentin  when  once  tin  y 
^\■er•e  offer-ed  for  sale;  and  secondlv  bv  strataijfcm.  As 
the  other  documents  bel'mjjjing  to  the  Mission  Dolores 
archives  had  been  obtained  by  order  of  the  govern- 
ment, these  might  be  gained  possession  of  l)y  some 
such  method.  J-Jut  how  obtain  such  an  order?  Ijet 
(jlroen  alone  for  that.  He  would  make  it  a  mandate 
of  the  court.  That  would  be  better  still,  as  ignorance 
always  stands  in  awe  of  written  statutes  and  tin  ir 
ministers.  But  first  he  would  know  somewhat  nune 
of  the  situation  of  the  coveted  })apers. 

(jreen  kept  a  hotel,  attached  to  which  was  a  laci- 
course,  and  his  place  was  a  favorite  resort  for  Spani>h- 
speaking  Californians.  Often  he  had  heard  tlieiu 
in  their  cups  discuss  the  wise  discrimination  of  the 
land  eomnnssion  which  was  constantly  eonfirniin;^' 
fraudj.lent  tiileo  an<l    reieetlnu'   noud  ones. 


Vn:ui!g' 


GREEX  AND  SAXCHEZ. 


513 


them  was  one  Sanchez,  who  seemed  to  bo  an  authority 
till  the  subject;  and  he  was  heard  to  say  that  from 
l)uri  Ranclio  to  the  Golden  Gate  there  was  not  held 
hy  the  occupants  of  the  land  one  genuine  title.  A 
kucii  observer  might  have  noticed  an  increased  in- 
terest in  these  conversations  manifested  by  Mr  Green, 
and  also  unprecedented  liberality  in  the  distribution 
of  liquors  among  his  garrulous  loungers.  About  this 
time  Green  held  a  conversation  with  James  A.  Mc- 
Uougall,  lawyer  and  politician,  upon  the  subject.  In 
1852  McDougall  had  tiled  with  the  land  commis- 
sioiiers  a  petition  on  behalf  of  the  city  for  the  pueblo 
lauds.  He  had  no  proof  as  to  the  correctness  of  his 
jiivmises  and  proceeding,  but  he  thought  he  was  right. 
A\'lien  Green  mentioned  to  him  his  suspicion  as  to  tlio 
nature  and  existence  of  the  pueblo  papers,  ]\IcDougall 
was  struck  with  a  sense  of  their  importance,  and  so 
cx])ressed  himself  to  Green.  This  fired  Green's  zeal, 
and  he  determined  to  delay  no  longer  in  placing  them 
ill  his  own  possession.  In  his  own  words  of  atiected 
patriotism,  he  "  felt  a  deep  and  ardent  interest  for  the 
{(reservation  of  tlie  city  from  the  fraudulent  claims 
that  were  consuming  her  possessions." 

Putting  two  bottles  of  rK|U((r  into  his  buggy,  ho 
(hove  over  to  see  Sanchez.  Sitting,  and  talking,  and 
<liinking,  under  the  friendly  agency  of  the  liquid 
barriers  were  broken,  and  the  conversation  grew  patri- 
otic and  confidential.  They  spoke  nuieli  about  lands 
and  titles,  and  the  doings  of  the  Yankee  government 
in  regaril  to  confirming  grant-holders  in  their  posses- 
sions. (Jreen  had  a  snjooth  tongue,  slightlv  Ibrlud 
perhaps,  and  could  talk  well  upon  any  side  of  a  subject, 
particularly  upon  the  side  on  which  his  interests  lay. 
Finally,  as  one  bottle  was  already  ciinsumed,  and  tho 
other  well  begun,  Green  remarked, 

"  I  think  vou  slander  our  uovcrnment  in  sa\  inn'  it 
cunfirms  only  fraudulent  titles." 

"  No,  senor,"  replied  Sanchez.    "  I  am  no  slanderer." 

"  But  you  say  that  the  citizens  of  San  Francisco 


t 


I 


\<i 


>8i 


616 


THE  PUEBLO  PAPERS. 


I  ill 


have  no  valid  titles  to  their  lands.  Is  not  this  a  bold 
assertion  1" 

"  Yes,  senor,  but  it  is  true.  There  are  the  docu- 
ments not  far  from  here  that  would  amply  prove  it." 

"  Where  ?"  eagerly  asked  Green. 

"Why  should  I  tell  you?"  demanded  Sanchez,  his 
suspicion  aroused. 

"  Am  I  not  one  of  you  ?  Are  not  my  family  and 
my  interests  one  with  yours  ?  You  do  me  wrong  to 
withhold  your  confidence.  I  understand  the  Yankees 
and  their  sly  ways  better  than  you.  Perhaps  these 
papers  might  do  us  all  good  service.  Tell  me,  if  you 
value  my  friendship,  where  are  they  ?" 

"In  Vasquez'  bedroom,  boxed  or  buried  beneath  his 
bedroom  tioor,  I  know  not  which."  At  that  moment 
the  wife  of  Sanchez  entered  the  room  just  in  time  to 
catch  the  significance  of  his  words,  and,  woman  like, 
she  made  matters  quickly  worse  by  trying  to  better 
them. 

"  Pay  no  attention  to  what  he  says,"  she  exclaimed 
warmly,  "  he  doesn't  know  what  he  is  talking  about." 

"  It  is  nothing,  senora,"  said  Green.  "What  Cali- 
fornian  is  there  w^o  in  some  old  torn  letters  does  not 
imagine  ho  has  a  mine  of  historical  or  statistical  wealth  T 
So  saying'  he  warmly  embraced  the  couple  and  hast- 
ened awa\^ 

There  was  now  no  time  to  be  lost.  Sanchez  had 
lietrayed  the  secret  of  his  countrymen,  and  his  wife 
was  aware  of  it.  The  alarm  would  quicKly  be  given 
and  the  precious  documents  spirited  away. 

Green  drove  as  rapidly  as  possible  to  McDougall, 
arriving  at  his  house  after  dark.  Relating  the  cir- 
cumstances of  the  case  thus  far,  he  asked  what  he 
should  do. 

"  Get  the  papers,"  said  McDougall. 

"  But  how  ('  asked  Green.  '*  Will  you  obtain  for 
me  an  order  of  the  court?" 

"  There  is  no  court  in  session,"  replied  McDougall. 
"You  must  use  your  wits  ;  employ  stratagem." 


GREEN  OR  CRANE. 


517 


This  conversation  I  gather  from  Green's  sworn 
statement  in  court  four  years  after  the  occurrence, 
(jroon  states,  though  his  character  should  be  consid- 
cred  in  receiving  the  statement,  that  he  asked  Mc- 
L)ougall  "if  ho  should  write  an  order  purporting  to  be 
an  order  from  the  court  to  Tiburcio  Vasquoz  to  de- 
liver them  up,  signing  the  name  of  the  court,  would 
ho  he  justified  in  such  a  course?"  He  then  says  that 
^MoJJougall  "advised  him  to  do  it." 

However  this  may  be,  Green  acted  as  though  ho 
had  authority  for  the  perpetration  of  fraud  from  some 
(juai'ter,  for  he  cut  himself  entirely  aloof  from  con- 
stiuiice,  and  even  criminal  decency.  Going  to  a  pliant 
tool  of  his,  Nat  Hicks,  he  said:  "Nat,  take  your  pen 
and  write."     Nat  wrote: 

"  Ti'mri-io  Va.iquez: — 

"Sir:  You  will  deliver  the  bearer  forthwith  all  papers  in  your  possession 
roliitiiig  in  any  wise  to  the  title  of  the  city  of  San  Francisco  in  and  to  her 
inal)l()  lands,     An<l  herein  fail  not  under  penalty  of  the  law. 

[.Seal]  "By  order  of  the  Court. " 

The  seal  consisted  of  a  liberal  application  of  wax 
stamped  with  a  silver  half-dollar.  As  Vasquez  could 
not  lead,  the  form  was  everything,  and  one  was  as 
good  as  another. 

To  Vasquez,  then,  Green  accompanied  by  two  or 
three  of  his  brothers  went,  and  delivering  him  the 
order,  firmly  demanded  the  documents,  adding  that 
A'as(]uez  might  consider  himself  fortunate  if  no 
trouble  came  upon  him  in  consequence  of  his  having 
withlield  them  so  long.  Vasquez  was  quite  friglitened, 
and  immediately  handed  over  the  i)apcrs,  but  with 
sufficient  presence  of  mind  to  demand  from  Green  a 
it'CH'ipt  for  them.  Green  wrote  a  receipt,  signed  it 
Ah'ivd  A.Crane,  and  gave  it  to  Vasquez;  that  is  to 
say  scores  of  people  read  the  signature  Crane,  tliough 
Gjoen  swears  in  court  that  he  intended  it  for  Green, 
i»nt  tliat  he  did  not  write  very  plainly. 

The  |)a[)ers  thus  in  his  possession,  Green  did  not 
know  what  to  do  with  them.     Selectinyr  a  few  of 


518 


THE  PUEELO  PAPEE5. 


the  lno^;t  important,  he  showed  thorn  to  ^rc-Dnu- 
«.;;ill.  "There  are  luilhoui^  in  them,"  said  McDouLjall, 
"l)ut  unfortunately  I  must  start  for  Washington 
within  two  days."  What  should  he  do  witli  liis 
ill-^^otten  i)lun(lcr?  Naturally  enough  his  tlnni^lits 
turned  on  the  mayor,  Charles  J.  Brenham,  to  wliim 
he  exhibited  some  of  his  choicest  specimens.  Tlie 
mayor  appointed  a  commission  to  examine  the  pa]it  is. 
hut  heino-  themselves  interested  in  fraudulent  tilKs, 
this  connuission  reported  adversely  to  Green.  AVIu  n 
C.  K.  (:;iarrison  was  elected  mayor,  Green  tried  a-Miii. 
"Come  in,  ^Ir  Green,  come  in,"  said  Garrison,  wIku 
the  patriot  M'ith  the  city's  destiny  under  his  aiia 
i'a|)pe(l  at  the  mayor's  otlice  door.  "Let  us  talce  a 
holtle  of  wine  together."  Green  had  spoken  to  (iai- 
I'ison  about  the  documents,  and  the  latter  now  tmiiril 
over  with  evident  interest  those  placed  before  liini. 
Finally  raising  liis  bovine  head,  he  lixed  on  Green  liis 
bovine  eyes,  and  opened  liis  bovine  mouth: 

"  Tiiese  are  very  valuable  pa})ers,  Mr  Green,  voiy 
valuable.  It  will  l)e  the  duty  of  those  who  guard  the 
cilv's  interest  somedavto  place  them  all  on  I'ccord.so 
that  tl)(>  citv  shitll  have  her  ri«dits  in  the  matter,  lur 
lights,  ]\rr  (Jreen.  I  would  take  the  initiatory  ste])s 
myself,  IsXv  (ireen,  but,  pardon  me,  jMr  Green,  tlir 
I'act  is,  I  hold  a  trille  in  adven.o  titles  myself,  just  jiaid 
iilteen  thousand  dollars  for  a  Potrero  title,  Mr  Green. " 

"Yes,"  replied  (ireen,  "but  you  must  know  that 
those  titles  are  fraudulent,  valueless,  if  these  jiapers 
are  shown." 

"True,  true,  ^Ir  Green.  Let  me  sell  sonic  proj^erty ; 
let  me  gi't  lid  of  these  interests,  and  then  I  will  takf 
a  hand  with  you  and  prosecute  the  city's  title  to  tli.' 
]»ui'iilo.  I  agree  with  you  entirely  that  it  is  the  duty 
of  the  oiKcers  of  this  municipality  to  look  well  into 
the  matter,  ])rotect  the  city's  interest,  ami  that,  too, 
shar[>ly,  ^Ir  Green,  sharply,  sharj)ly.  Besides  theres 
money  in  it,  Mr  (jrieen.     (Jood-day,  sir." 

Poor   Green!     His   plunder  would  not  sell.     He 


ill 


PURE  PATRIOTISM. 


619 


wiotc  to  the  press,  but  no  newspaper  would  )>rint  his 
iirricles.  It  was  too  long  and  laborious  a  Hii^ht  for 
any  journal"  to  take  up  on  its  merits.  It  would  be  un- 
jt(.|tul:ir,  for  everybody  was  interested  more  or  less 
ill  fraudulent  titles,  not  knowing  them,  in  most  in- 
.staiiees,  to  be  fraudulent.  There  was  neither  monev 
],()V  popularity  in  it;  who  was  foolish  enough  to  look 
fnr  abstract  good  in  a  newspaper  man  more  than  in 
any  one  else?  The  lawyers,  too,  were  against  him; 
tlif  city  would  not  pay  them  for  their  wily  arts  like  a 
multitude  of  swindled  and  swindling  citizens.  He 
tiird  lecturing,  but  he  was  unlearned  and  timid,  and 
tiif  public  did  not  want  to  hear  him. 

lie  told  the  people  at  Musical  Hall  the  21st  of 
Ajii'il,  185G,  that  the  Hispano-Californians  had  always 
(■iKi-ished  the  belief  that  Santa  Ana  would  with  lirit- 
i-ii  men  or  money  regain  possession  of  California,  in 
w  lilcli  case  by  means  of  certain  documents,  about  five 
inuuhed  in  number,  which  they  had  retained  in  their 
jjossession,  the  original  occupants  would  be  reinstated 
in  their  rights,  and  their  lands  given  them  back  ac- 
coiding  to  ownership  before  the  coming  of  the  Amer- 
ii-.ius.  This  led  the  Californians,  he  affirmed,  to  look 
with  inditftrencc  on  the  doings  of  the  land  commis- 
sion. Their  documents  they  had  buried  at  a  place 
lliiity  miles  from  the  city,  but  he  had,  purely  in  the 
city's  interests,  obtained  possession  of  these,  as  he 
called  them,  lost  archives,  by  means  of  wliich  ho 
v.ould  be  able  to  establish  the  city  in  her  pueblo  title 
TIiu  papers  told  him, -said  Mr.  Green,  that  a  pueblo, 
i.iid  only  one  pueblo,  had  been  established  here,  and 
lliat  pueblo  at  different  times  had  been  known  by 
dilfcreut  names,  such  as  San  Francisco  de  Assis,  ^lis- 
sion  IJohn-es,  and  Presidio.  For  his  untiring  energy, 
great  expense,  and  [tatriotism  he  merel}'  wislied  a 
trifle,  two  or  three  hundred  thousand  dollaj's.  Foi-  the 
rest  an  approving  conscience  would  be  his  reward. 

Thus  matters  stood  when  the  attention  of  the  Com- 
mittee was  brought  to  the  subject  by  Tiburcio  A'a.s- 


I 


520 


THE  PUEBLO  PAPERS. 


If 


! )? 


quez.  There  was  ample  room  for  action.  First, 
Green  was  a  member  of  the  Committee,  an  association 
formed  for  public  benefit  and  not  for  public  })lun(Kr- 
ing.  Secondly,  Green  was  a  sharp  practitioner,  play- 
ing fast  and  loose  with  rascality  and  the  city's 
interests.  Thirdly,  it  was  one  of  those  cases  that  tlic 
law  never  could  or  never  would  reach;  there  were  too 
many  Garrisons  and  Brenhams  in  office.  The  Com- 
mittee felt  bound  to  undertake  the  righting  of  this 
wrong,  although  they  fully  realized  that  it  would 
prove  very  laborious,  very  expensive,  and  that  for  a 
time  their  only  recompense  would  be  ingratitude. 

If  placed  within  reach  of  the  city,  and  of  those 
claiming  under  the  city,  it  would  establish  the  city's 
right  to  all  those  outside  lands  claimed  under  the  old 
Mexican  pueblo  grant.  If  lost  or  suppressed,  forgtd 
titles,  in  many  instances,  would  hold,  and  honest  nun 
be  cheated.  Beside  which,  there  was  much  litigation 
and  many  feuds,  and  pitched  battles  which  these  paj)cis 
would  peaceably  determine. 

Green  had  brothers  more  or  less  implicated  with 
himself,  one  of  whom,  John  L.  Green,  was  likewise  a 
member  of  the  Vigilance  Committee.  The  13th  of 
July  the  Connnittee  ordered  the  arrest  of  the  whole 
fraternity,  Alfred  A.  Green,  Henry  Green,  Kobert  1]. 
Green,  John  L.  Green,  Benjamin  P.Green,  and  Danit  1 
Green,  charging  them  with  high  crimes,  namely,  of 
having  in  their  possession  certain  papers  saitl  to  be 
sufficient  to  establish  the  fact  that  San  Francisco,  at 
the  time  of  the  American  conquest,  was  a  pueblo  or 
incorporated  town.  These  documents  Alfred  A.  Green, 
assisted  by  his  brothers,  was  holding  as  a  sort  of 
black-mail  over  the  title  to  city  property,  offering 
them  alternately  for  sale  to  the  city,  and  to  claimant>i 
under  spurious  grants,  such  as  the  Boltcju  and  Barron, 
Ijimantour,  Potrero,  and  other  adverse  titles.  At  the 
Musical  Hall  meeting,  some  seven  months  previous,  a 
(M>mmittee  had  been  appointed  by  the  citizens  to  ex- 
amine the  nature  and  genuineness  of  the  papers,  which 


ARREST  OF  THE  GREEXS. 


521 


committee  reported  favorably  to  the  owner,  Green, 
and  stated  that  they  could  be  bought  for  fifty  thou- 
sand dollars.  The  reputed  wonderful  discovery  of  the 
pa]»ers  and  the  manner  of  the  whole  proceedinj^s  con- 
nected with  them  seemed  so  like  a  swindle  that  prop- 
erty holders  held  back,  so  that  from  lack  of  confidence 
the  scheme  fell  through,  and  Green  renewed  his  efforts 
to  effect  a  sale  to  adverse  claimants  whose  interest  it 
was  to  cloud  the  city's  title  for  the  purpose  of  extort- 
ing black-mail  from  occupants.  Alfred  had  been  a 
mtiubcr  of  the  legislature,  which  added  nothing  to  his 
rc's])ectability. 

Long  before  daylight  next  morning  a  detachment 
of  A  igilants,  some  thirty  in  number,  half  of  whom  were 
mounted,  and  the  remainder  in  two  furniture-cars  and 
a  barouche,  were  dispatched  to  the  mission  to  make 
the  arrest.  The  Greens,  roused  from  their  morning 
nap,  were  requested  to  dress  and  follow  without  wait- 
ing for  breakfast,  which  they  incontinently  did.  The 
l)aity  arrived  at  the  Committee  rooms  about  six 
o'clock,  and  three  of  the  brothers  were  at  once  accom- 
modated with  cells.  That  same  night  fifteen  persons, 
pait  of  a  gang  organized  for  evil  purpose,  were  ar- 
rested bvthe  vigilants  and  confined  at  the  Committee 

*/  CD 

rooms  for  disturbing  the  peace  and  attempting  to  bi  jak 
u\)  the  citizens'  mass-meeting. 

By  this  arrest  the  men  were  secured,  but  not  the 
pa)>ers.  The  same  day  ten  vigilants  were  sent  to 
search  Green's  house  and  t)ie  liouse  adjoining  for 
the  documents,  but  their  efforts  proved  unsuccessi'ul. 
^Meanwhile  Alfred  A.  Green  was  brouijht  before  the 
Executive  and  made  to  confront  Tiburcio  A'as(|uez, 
each  of  whom  made  a  swoi'n  statement  before  the 
Conunittee.  Daniel  Green  was  also  brouglit  before 
tlie  Committee  and  identified  as  one  of  those  who 
came  with  Alfred  to  demand  the  papers.  On  the  loth 
Daniel  and  Benjamin  Green  were  discharged  from 
custody  upon  giving  their  parole  to  come  at  the  bidding 
of  the  Committee. 


C22 


THE  PUEBLO  PAPERS. 


Groou  at  first  was  badly  frightened,  tlMuhin^-  lie 
would  be  hanged;  but  when  he  learned  that  \\v.  wa.s 
safe  from  that  punishment  he  became  defiant,  and  the 
Conniiittee  hardly  knew  what  to  do  with  him.  Sonu; 
regarded  his  crime  as  equal  to  or  greater  than  that  of 
murder,  but  unfortunately  their  regulations  f)rbailcj 
tlic'ir  hanging  him.  He  had  kept  the  papers  under 
his  bed  jealously  guarded.  When  arrested  they  wt  lu 
not  to  be  found  by  the  Committee.  Now  Green  re- 
fused to  disclose  their  whereabouts;  nor  did  the  Coia- 
mittec  feel  disposed  to  take  them  from  him  by  iowo 
and  without  remuneration,  even  though  he  had  ob- 
tained them  fraudulently. 

At  Icngtli  Green  was  brought  before  the  Executive 
and  asked  what  he  would  take  for  the  papers.  He 
i'e[>lied  fifty  thousand  dollars.  He  was  sent  Ijack  to 
his  cell  until  his  ideas  should  be  modified.  The  2>stli 
of  July  the  committer  appointed  for  that  ])urposc 
reported  that  Green  would  select  from  the  Execu- 
tive two  of  their  number  whom  he  knew,  to  whom  on 
his  release  from  custody  he  would  deliver  the  pajKi's 
without  reservation,  and  that  said  sub-conunittoo 
should  hold  the  documents  until  Green  was  reuui- 
neratcd  for  their  surrender,  either  by  the  city  or  by 
those  interested  in  the  city's  title.  Meanwhile  Green 
pledged  himself  not  to  negotiate  with  any  person  ad- 
verse to  the  city's  interest,  and  that  ho  himself  would 
attend  to  raising  subscriptions  for  the  payment  of  the 
papers,  which  sum  should  not  exceed  twenty- five  thou- 
sand dollars.  At  any  time  within  twenty  days  after  the, 
possession  of  the  papers  t^.e  Committee  sliould  have 
the  right  to  take  them  for  the  sum  of  ten  thousand 
dollars,  or  reject  them. 

Further  than  this  the  papers  were  to  be  submitte<l 
to  the  city  attorney,  and  if  pronounced  by  him  of  no 
more  value  than  official  documents  appertaining  to  the 
former  government,  they  should  be  surrendered  to  the 
ci  ty  unconditionally.  As  a  condition  of  the  agreement 
Green  exacted  that  the  Committee  should  place  in  his 


m 


THE  REWARD  OF  RAi^CALITY. 


523 


]i  )-;;^ssion  the  foro-ed  order  and  receipt  oljtalncd  by 
tluiii  tVoiii  Va.squez.as  being  of  no  particular  value  to 
t!i(!ii,  but  of  some  to  him. 

J'^vidently  Green  rei)ented  of  his  ofter,  for  the 
iiKiiiient  the  Committee  attempted  to  carry  it  out  ho 
c\;i(led  the  issue  at  every  turn.  An  armed  escort  was 
jirrpared  to  attend  him  to  his  house  and  briuLj  back 
tlu'  pa})ers,  but  to  this  he  objected.  Conveyed  thither 
ill  a  carriage  he  pretended  great  displeasure  at  the 
UKiiincr  in  which  jiis  family  had  been  treated  l»y  those 
sL'iit  to  search  his  house,  and  he  would  sul>mit  to 
divers  transfcjrmations  and  annihilations  before  he 
Wdiild  give  up  the  papers  at  any  price.  So  back  to 
Ills  cell  he  was  carted,  there  to  think  further  on  it. 

Another  aOTcement  was  then  entered  into  with 
CJiven,  which  was  that  the  Committee  should  take 
tlio  papers  and  be  allowed  forty  days  within  which 
to  })ay  twenty-five  thousand  dollars,  or  they  could 
take  them  within  ten  davs  Ibrliftcen  thousand  dollars. 
This  last  proposal  was  made  the  31st  of  July. 

I'^inally  the  Committee  concluded  that  Green  might 
bo  justly  entitled  to  the  sum  of  twelve  thousan<l  live 
iiniidred  dollars,  and  this  amount  the  holder  of  the 
documents  agreed  to  take.  The  money  was  raised 
I'loiii  voluntary  contributors  who  trusted  the  city  to 
It  i'und  it  them.  The  money  was  paid  on  the  27th 
nt'  September  at  the  banking  house  of  Abel  Guy. 
Certain  creditors  of  Green  having  received  intima- 
tidu  that  money  was  to  be  paid  him  then  and  there, 
watched  the  premises  with  writs  of  execution,  and 
MJien  Green  came  out  and  dumped  his  bag  of  coin 
ujton  a  cart  they  pounced  upon  it  and  made  him  dis- 
gorge, greatly  to  his  discomfiture.  Such  is  the  re- 
ward (jf  rascality. 

The  following  appeared  in  certain  journals  as  an 
advertisement  on  the  day  of  the  date  mentioned: 

"TO  THE  PUBLIC. 

"  The  Committee  of  Vigilance  have  purchased  from  Alfred  A.  Grcon  for 
the  sum  of  812,500  the  pueblo  papers,  which  establish  beyond  doubt  the  city's 


S84 


THE  PUEBLO  PAPERS. 


right,  against  all  adverse  claims,  to  property  far  beyond  tlio  ValUjo  lino, 
the  limit  fixed  by  the  United  States  Land  (Jommission.  They  havo  Ht-ciirccl 
tlie  able  Hun'ices  of  Hon.  8.  W.  Inge,  late  United  States  district  attorney,  to 
ii8e  this  testimony  in  the  United  States  district  court,  where  tlie  city'H  cliiiui 
is  now  pending ;  and  also,  should  it  l>ecome  necessary,  to  attend  to  the  cusc  in 
tlie  United  States  supreme  court. 

"  Tlic  purcliose  money  has  been  advanced  exclusively  by  mem)>cr8  of  tin- 
Conunitteu  of  Vigilance,  with  the  understanding  that  the  amount  won M  l>o 
rejmid  aa  soon  as  collected  from  the  parties  the  most  directly  l)enefite(l  liy 
the  acquisition,  who  are  deemed  to  be  the  proprietors  of  land  covered  liy  tlu; 
Limantour  and  Bolton  and  Barron  claims,  and  which,  according  to  the  county 
assessment  of  tlie  present  year,  represent  a  vaKie  of  $.),673,000.  Uiwii  tliid 
amount  it  is  pi'op<jsed  to  levy  a  tax  of  one  half  per  cent,  or  $'28,.%.'>,  in  case 
the  whole  should  be  collected ;  but  considering  the  number  of  those  who  liuvu 
already  procured  the  adverse  title,  it  is  supposed  that  not  more  than  t\M> 
thirds  will  be  realized,  an  amount  not  more  tlian  suilicient  to  reimburse  tli<! 
])reseiit  advances  and  defray  the  legal  and  contingent  expenses  of  the  suit. 
(Should,  however,  any  surplus  funds  remain  on  hand,  the  same  will  be  giviu 
to  the  orphan  asylum  of  tliis  city.  It  is  unnecessaiy  to  repeat  tliat  the  ac- 
quisition of  these  papers  has  been  made  by  the  Committee  solely  for  the 
public  good.  The  undersigned  have  given  and  will  continue  to  give  their 
services  gratuitously,  and  appeal  most  confidently  to  the  property-holdtTS 
above  mentioned,  to  aid  them  in  the  good  work  by  promptly  paying  the  isniall 
sums  uuked  from  each.  Parties  empowered  to  collect  will  be  provide<l  w  itii 
the  written  authority  of  the  undersigned,  under  the  st;d  of  the  Committfe. 
Copies  of  the  pueblo  papers  will  be  immediately  filed  in  the  United  States 
district  court,  and  the  originals  will  remain  for  safe-keeping  in  the  possession 
of  the  undersigned,  until  they  are  required  m  court. 

"Ill  behalf  of  the  Committee  of  Vigilance: 


"  San  Francisco,  Oct.  15, 1856. 


"Jules  David, 
"George  R.  Ward, 
"  T.  J.  L.  Smiley, 

Special  Committer." 


The  1 3th  of  July,  1857,  John  L.  Green  and  Daniel 
Green  brought  suit  against  the  Vigilance  Coininitteo, 
mentioning  several  of  the  executive  committee  by 
name,  each  asking  fifty  thousand  dollars  for  divers 
infelicities  arising  from  their  arrest  and  imprisomneut 
by  the  Committee.  Failing  in  this,  the  16th  of  July, 
18G0,  John  L.  Green  again  appears  in  court  against 
William  T.  Coleman  and  others,  asking  as  usual  fifty 
thousand  dollars.  John  Nugent  api)eared  in  court  as 
attorney  for  the  plaintift*.  After  a  four  days'  trial  the 
jury  gave  him,  or  rather  themselves,  as  it  just  covered 


POOR  NUGENT! 

tlicir  foos,  one  hundred  and  fifty  dollars,  tlirowin<^  the 
costs  of  suit  upon  (ireen. 

Thus  closed  the  famous  Green  affair.  We  note  the 
picscuce  of  the  IlerahVs  editor  in  this  suit,  which  but 
jur  him,  perhaps,  never  would  have  been  brou<;ht. 
How  deep  the  pools  of  this  man's  dark  unrest  wliieh 
ytars  of  sunshine  could  not  assuage  1  The  embers  of 
tlu'  past  he  never  ceased  to  rake,  if  happilv  he  could 
find  some  spark  of  malice  which  might  be  knjdled  into 
;i  (lame.  For  over  two  hours  at  the  close  of  this  trial 
lie  pleaded  a  lost  cause.  In  this,  his  maiden  speech  bo- 
fitre  a  San  Francisco  jury,  he  indulged  in  some  wiM 
iciHiuks  which  may  be  accounted  for  only  upon  the 
hypothesis  that  they  were  begotten  of  revengeful 
longings.  "We  are  on  the  eve  of  great  events,"  ho 
said;  "before  twelve  months  will  pass  away  it  is  prob- 
able this  union  will  be  dissolved.  It  is  probable  that 
internecine  war  will  rage  in  this  confederacy  within 
twt'lve  months,  that  the  union  will  be  disrupted, 
Idoken  into  fragments,  and  that  we  will  have  to  form 
ourselves  into  an  independent  government  upon  the 
I'acific  coast."  Since  the  collapse  of  his  journal  inci- 
dent to  the  withdrawal  of  vigilant  patronage,  in  the 
science  of  prognostics  Mr  Nugent  has  shown  himself 
an  adept.  To  be  sure  of  knowing  what  would  happen, 
in  political  circles  particularly,  and  as  to  the  evil  which 
would  befall  his  enemies,  we  have  only  to  reverse  his 
oi)inion  to  reach  the  truth  by  the  most  direct  route. 


n 


CHAPTER  XXXI. 


FINAL    ADJOURNMENT. 


"I  woultl  give  my  life  for  such  a  moment,  such  a  day,"  said  a  carpet  com- 
tier  to  Cromwell  as  he  was  entering  Whitehall  to  be  made  Lord  I'l-otetti ■!•. 
"A  lino  sliow,  no  doubt, "  replied  the  great  Oliver,  "but  there  would  Ijc  ;i 
grander  display  than  thia  if  I  were  to  be  hanged." 

Again  on  the  8th  of  August  the  attention  of  tin- 
Executive  was  turned  toward  adjournment.  On  that 
day  a  review  was  made  of  what  had  been  done  and  a 
survey  of  what  was  yet  to  be  done,  and  after  full  d\>- 
cussion  they  concluded  that  by  the  18th  they  mij^lit 
announce  the  termination  of  their  labors  for  the  21st, 
on  which  day  there  should  be  a  grand  parade  of  tlic 
entire  body  and  after  this  .1  review  of  the  troops  by 
the  Executive. 

They  would  retire  from  their  labors  publicly.  Tluy 
would  dismantle  their  fortress  and  abandon  their  inii- 
itaiy  (juarters,  tliey  would  cease  their  public  and  pal- 
pable existence,  but  they  would  not  disorganize.  TJh; 
outwartl  manifestation  of  popular  power  should  dis- 
a[)pear  until  again  invoked  by  necessity;  but  its  subtiii; 
essence  sliould  always  remain  in  the  hearts  and  hea<U 
of  the  j)eo[)le,  ever  ready  for  instant  expression.  Tt  u 
flays  would  thus  elapse  between  the  declared  inten- 
tion and  its  public  announcement,  during  which  tiun' 
all  business  should  proceed  regularly  as  hithert<»,  aiil 
expenses  if  possible  be  brought  down  to  one  thousanl 
dolhus  a  week. 

Aiiaugements  for  the  final  })arade  should  be  uii(l<  r 
the  direction  of  the  marshal,  and  a  committee  of  iiN  • 
delegates,  and  three  from  the  Executive.      After  tin.' 


PREPARATIOXS. 


527 


21st  the  executive  committee  sliould  liold  sessions 
throe  times  a  week;  and  above  all  the  strengtii  of  the 
assDoiatioii  should  be  applied  to  the  raising  of  money 
fur  the  complete  discharge  of  their  heavy  obligations. 
Though  in  the  midst  of  arrests,  fuhninations,  and  ex- 
j)atriations,  the  cells  of  Fort  Vigilance  were  now  nearly 
empty,  and  the  black  list  still  needed  some  revision. 

Mr  Dempster,  Mr  Smiley,  and  others  wore  a})- 
})uiutcd  a  committee  to  prepare  an  address  from  the 
executive  committee  to  the  general  committee  of 
vinilance  on  the  occasion  of  its  retiring  from  active 
duty.  The  plan  of  adjournment  was  laid  before  the 
(li'k'gatcs  at  a  meeting  of  that  board  held  the  13th, 
and  was  fully  approved;  the  18th  of  August,  instead 
of  the  21st,  being  finally  fixed  as  the  day  of  demon- 
stration. The  gunny-bag  barricade  was  taken  down 
the  14th.  At  the  Saturday  afternoon  meeting  of 
August  IGth  the  rooms  of  the  building  were  or- 
dered thrown  open  to  the  members  of  the  committee, 
their  friends  and  families,  the  next  Thursday  and 
Friday,  the  21st  and  22d,  from  ten  o'clock  a.  m.  till 
iive  o'clock  P.  M.  of  each  day,  notice  of  the  same  to  be 
jiosted  in  the  building  and  published  in  the  papers.  A 
cuunnittee  of  five  was  placed  in  charge  of  the  recep- 
tion. 

For  three  months  this  organization  had  been  in 
active  f)peration,  during  which  time  it  not  only  re- 
tained the  support  originally  given  it,  but  had  grad- 
ually increased  in  strength  and  in  the  favor  of  the 
jieople,  until  its  enemies  even  felt  their  maledictions 
upon  it  to  be  infinitely  more  damaging  to  themselves 
than  t(j  the  organization. 

The  })redictions  of  the  law  and  order  party  con- 
ei'iuing  the  evil  effects  which  were  to  follow,  fell  to 
the  gi'ound.  There  was  no  reaction,  no  domineering 
luoboeracy,  no  attempt  to  seize  the  reins  of  goveru- 
uient,  no  intoxication  incident  to  possession  of  supreme 
1  >(  »wer. 

The  Conunittee  determined  not  to  disorganize,  but 


628 


FINAL  ADJOURNMENT. 


I 


to  adjourn  sine  die.  The  general  organization  wouM 
be  kept  up  complete,  and  all  members  were  to  hold 
themselves,  as  hitherto,  instantly  subject  to  the  cull 
of  the  executive  committee.  Each  company  was  to 
continue  its  independent  organization,  and  the  execu- 
tive committee  were  to  retain  their  rooms  with  a  few 
officers  constantly  on  duty,  where  they  would  meet  at 
stated  intervals  and  consult  as  to  the  welfare  of  the 
city. 

The  truth  of  the  matter  is,  the  Committee  woic 
as  nmch  a  living  organization  after  adjournment  as 
before.  At  an  Executive  meeting,  held  the  23d  of 
January,  1857,  I  find  the  following  motion  made  and 
carried:  "That  the  grand  marshal  be  requested  to 
report  to  the  president  of  the  executive  committee 
the  number  of  men  he  could  collect  within  an  hour's 
notice  in  case  of  emergency."  jSIarshal  Doane's  rv\)\\ 
at  a  subseciuent  meeting  was  that  "any  number  of 
men  could  be  relied  upon  in  case  of  emergency." 

Meanwhile  P.  J.  Hickey  was  notified  to  leave  tlie 
state;  and  it  was  ordered,  as  late  as  the  21st  of 
August,  that  notice  should  be  given  through  the  pub- 
lic pa[)ers  to  James  Cusick,  James  Thomj)8on,  alius 
Liverpool  Jack,  and  James  Hennessey,  who  had  tied 
to  the  interior,  that  they  might  depart  unmolested  by 
the  steamer  of  the  5th  of  September,  but  that  failine 
to  avail  themselves  of  that  privilege  left  them  under 
the  death  ban  should  they  afterward  visit  the  city. 

The  19th  Jacob  Ritchie  was  discharged.  It  was 
likewise  resolved  on  that  day  by  the  Executive,  "  that 
if  J.  W.  Bagley  is  found  in  San  Francisco  after  tlie 
20th  inst.,  he  will  be  immediately  executed  without 
trial." 

Fear  of  the  federal  authorities  could  not  be  im- 
puted to  the  executive  committee,  or  fear  of  anything, 
for  the  present  release  of  Terry,  or  for  their  adjourn- 
ment. For  President  Pierce  had  just  before  announcec  I 
that  until  the  legislature  of  California  should  meet  and 
request  federal  mterference,  he  should  not  interpose; 


THE  GRAND  PARADE. 


520 


or,  in  other  words,  until  his  persons  1  affairs  were 
iurani^ed,  and  liis  party  interests  looked  after,  the 
I  idjilc  of  California  could  cut  each  others'  throats  to 
tlicir  hearts'  content.  Patriots  of  the  Pierce  ordm* 
a\v.  not  greatly  given  to  sacrificing  themselves  for 
tlu'  welfare  of  their  country. 

This  final  demonstration  was  indeed  an  imj)osing 
affair.  It  was,  of  the  whole  crusade,  the  one  single 
piihlic  boast.  Coming  at  this  time  it  was  a  wise  and 
pntper  movement.  It  spoke  in  deep  impressive  tones 
the  happy  consummation  of  unhappy  needs.  "  Behold 
our  promise,"  it  said  to  assembled  San  Francisco, 
"the  outgrowth  and  not  the  arbiter,  of  our  perforni- 
aiicr.  We  have  fought  the  good  fight;  we  have  kept 
the  faith.  Not  in  shame  and  discomfiture,  but  in  the 
j)ride  of  success,  we  present  ourselves  before  you  this 
(lay.  Not  besmeared  and  broken,  but  unstained  and 
briglitly  ])olished,  hand  we  now  the  tablets  of  the  law 
to  our  appointed  ministers  of  the  law." 

The  people  at  large  underestimated  the  strengtli  of 
llic  Committee.  Among  their  o})})onents  it  was  thu 
talk  that  their  battalion  drills  were  the  same  bodies 
of  men,  over  and  over  again;  that  it  was  the  desii-o  of 
the  Committee  to  appear  stronger  than  it  really  was, 
and  to  present  the  same  forces  under  various  guises, 
'i'he  fact  was,  hitherto  the  Committee  cared  nothing 
i'nr  appearances  so  long  as  it  had  the  real  strengtli; 
hut  now,  to  show  how  fully,  how  heartily  the  jK'ople 
wvrc  with  them,  how  the  movement  was  the  people, 
the  law,  the  government,  and  no  cli(|Ue  or  cabal,  it  was 
tkenied  best  upon  this  joyful  abdication  to  place  them- 
selves before  the  public  in  their  true  appearance. 

Hence,  preparatory  to  adjournment,  a  grand  revii'w 
and  military  parade  was  hehl  on  tlui  I  Stli  of  August. 
An  invitation  was  i.ssued  by  the  executive  connnittec! 
•  if  IH.OO,  through  the  grand  marshal,  Charles  J)oane, 
to  Selim  E.  Woodworth,  president  of  the  Vigihmce 
( 'onnnittee  of  18 5 1, and  through  him  to  all  niemhersof 
tliat  ct)nimittee  to  witness  and  take  ])art  in  tliis  })arade. 

Pop.  TiilB..  Vol,  II.    U4 


C30 


FINAL  ADJOURNMENT. 


THE  FORCES  AND  THEIR  OFFICERS. 


531 


Counting  their  companies  there  were  four  rei,nincnts 
of  infantry,  two  squadrons  of  cavalry,  a  battalion  of 
artillery,  a  battalion  of  riflemen,  a  battalion  of  pistol- 
iiRii,  and  a  police  battalion.  Of  course  some,  from 
various  reasons,  were  not  present,  yet  there  were  over 
!six  thousand  men  in  that  triumphal  march. 

It  was  a  day  of  universal  rejoicing;  it  was  the  cele- 
l)iation  of  a  new  declaration  of  independence,  a  day 
nf  thanksgiving  for  the  deliverance  of  the  city  from 
a  reign  of  criminality,  a  day  of  honor  to  the  patriots 
w  ho  had  so  nobly  vindicated  the  integrity  of  the  peo- 
])1(\  This  was  the  end  of  the  reaction,  the  conclusion 
ut'  one  of  the  grandest  moral  revolutions  the  world 
lias  ever  witnessed.  Nothing  occurred  to  mar  the 
triumph  of  the  day.  About  ten  o'clock  martial  music 
was  heard  in  various  quarters  of  the  city,  where  com- 
jtanies  were  formed  in  line.  Members  of  the  com- 
panies were  in  citizen's  dress,  some  attention,  howevei-, 
I)ting  paid  to  uniformity — black  pantaloons,  bhuk 
fiock-coats  buttoned  to  the  neck,  white  gloves,  and 
L;lazed  or  cloth  caps  prevailing.  On  the  left  lapel  of 
till!  coat  was  worn  a  white  satin  bad<;e  denotini;  the 
<()in[)any.  Most  of  the  officers  were  mounted.  JJou- 
(jiuts  adorned  the  nmskets.  The  streets  were  crowded 
with  spectators,  flags  floated  from  hundreds  of  houses, 
and  gorgeous  decorations  with  ai)[)ropriat«  mottoes 
were  stretched  across  the  streets  at  several  points. 

Third  street  w'as  the  locality  a})pointed  for  review, 
and  thither,  about  twelve  o'clock,  were  seen  infantry, 
cavalry,  and  artillery  congregating  and  forming  int 
line.  The  troops  consisted  of  a  battalion  of  artil- 
I«ry,  Colonel  T.  D.  Johns;  Light  Artillery  lieserve, 
Jiieutenant-colonel  J.  F.  Curtis;  squadron  of  eav- 
ahy,  Major  Fraidc  Baker;  battalion  C'itizens'  (jluard, 
Major  George  Watpon;  four  regiments  of  infantry  eoni- 
n landed  respectively  by  Lieutenant-colonel  John  S. 
JllHs,  Cohmel  J.  B.  Badger,  Colonel  H.  8.  Fitcli.and 
Colonel  y.  ,J.  Lippitt  whose  regiment  included  the 
French    Legion    under    Major    V'illaseque.     Besides 


o 


632 


FINAL  ADJOURNMENT. 


!l 


which  were  three  rifle  companies  attached  to  regi- 
ments as  flank  companies  or  skirmishers;  also  a  com- 
pany of  pistolmen  under  Captain  E.  B.  Gibbs,  a 
battahon  of  police  under  Captain  R.  B.  Wallace,  and 
enrolled  members  in  carriages,  on  horseback,  and  on 
foot.  It  was  a  grand  sight,  these  "traitors  under 
arms,"  as  the  Herald  stigmatizes  them.  Third  street 
was  then  open  only  as  far  as  Brannan  street.  The 
companies  in  line  occupied  the  whole  of  Third  str  jet, 
and  a  portion  of  Brannan,  the  right  resting  on  Mar- 
ket street.  The  troops  were  under  command  of  Brig- 
adier-general James  N.  Olney,  who  appeared  mounted 
on  his  white  horse,  which  had  been  conspicuous  in 
every  post  of  danger  throughout  the  entire  campaign. 
Orders  were  then  issued  by  the  general  commanding 
to  open  ranks  and  prepare  for  review.  President  Cole- 
man and  Grand  Marshal  Doane,  accompanied  by  the  ex- 
ecutive committee  and  board  of  delegates,  all  mounted 
and  uncovered,  then  rode  down  the  line.  The  review 
over,  the  troops  wheeled  into  column.  The  grand 
marshal  and  stafi"  led  off",  and  were  followed  by  the 
president  and  the  general  commanding  with  his  staff. 
Then  came  the  artillery  in  four  companies  with  fifteen 
mounted  cannon.  In  the  rear  of  the  artillery  was  a 
representation  of  Fort  Gunnybags  on  wheels,  con- 
sisting of  r.  framework  covered  with  canvas  on  which 
was  pictured  the  sand-bag  breastworks  of  Sacramento 
street.  Five  painted  cannon  ready  for  immediate 
action  looked  through  as  many  pictured  loop-holes. 

Behind  this  fort  followed  the  executive  committee, 
mounted  and  riding  three  abreast.  Next  were  two 
companies  of  dragoons ;  after  which  the  medical  staff, 
consisting  of  about  fifty  surgeons.  Representatives 
of  the  first  Vigilance  Committee  then  followed  with 
wagon  and  banner,  after  which  were  the  four  regi- 
ments of  infantry,  squadrons  of  cavalry,  battalions 
of  citizens'  guards,  pistolmen,  and  vigilance  police. 
Thus  six  thousand  men  before  thrice  six  thousand 
witnesses  demonstrated  on  that  day  their  devotion  to 


I' 


regi. 
coin- 
08,  a 
and 
1  on 
ndcT 
troet 
The 
ot, 
Vlar- 


AFTER  THE  REVIEW. 


533 


social  morals  and  good  citizenship.  In  this  manner 
they  marched  through  the  principal  streets  of  the  city 
amidst  the  enthusiastic  cheers  of  the  people.  All 
along  the  line  of  march  flowers  were  showered  upon 
the  men  by  mothers  and  daughters  whose  hearts  were 
with  their  own  and  the  city's  saviors. 

After  the  parade  the  Executive  met  and  adopted 
the  following  resolutions: 

"  That  the  executive  committee  have  noticed  with  the  utmost  pleasure  the 
unanimity  of  feeling  and  correctness  of  deportment  displayed  this  day.  That 
the  grand  marshal  be  requested  to  convey  to  the  officers  and  their  commands 
the  high  appreciation  entertained  by  the  executive  committee  of  tlie  proficiency 
of  their  military  evolutions  and  the  zeal  they  have  at  all  times  evinced  in 
tiic  performance  of  their  arduous  duties.  Also  that  the  chief  of  police  be  re- 
quested to  express  to  the  officers  and  members  of  the  police  department  the 
high  appreciation  entertained  by  the  executive  committee  of  valuable  services 
80  zealously  rendered  by  them." 

I  cannot  resist  the  temptation  to  give  a  specimen 
of  the  bark  and  bray  line  of  argument  still  kept  up 
by  the  Herald,  as  displayed  in  its  account  of  these 
ceremonies.  "Grand  funeral  procession  of  vigilants," 
it  begins.  "The  last  agony  is  over.  The  committee 
of  traitors,  who  have  so  long  disgraced  themselves 
and  the  city  of  San  Francisco,  have  adjourned  in  a 
blaze  of  fireworks.  Their  past  career  is  written  in 
lines  of  blood,  and  the  pen  of  the  honest  historian 
will  hand  them  down  to  posterity  with  all  the  shame 
and  infamy  they  have  heaped  upon  republican  institu- 
tions." After  half  a  column  or  so  of  like  preliminary 
it  begins  its  graphic  account  thus:  "The  day  broke 
dull  and  gloomy.  It  was  the  anniversary  of  the 
traitor  Benedict  Arnold.  A  cold  insinuating  mist 
hung  like  a  pall  over  the  city,  and  the  light  of  God's 
countenance,  the  glorious  sun,  appeared  only  at  inter- 
vals and  then  quickly  retired,  as  if  unwilling  to  shine 
upon  the  disgraceful  scenes  of  the  day."  Of  the  re- 
view it  says:  "The  descendants  of  Guy  Fawkes,  the 
modern  witch-burners,  the  strangling  conspirators  of 
the  anointed  Committee  of  Vigilance,  composed  of  all 
the  decency,  all  the  honesty,  all  the  virtue  of  a  San 


rM 


FINAL  ADJOURNMENT. 


Francisco  population,  having  armed  themselves  with 
condemned  muskets  and  an  assortment  of  pistols  and 
sabres,  marched  down  in  divisions  to  Third  street, 
where  the  sorry  farce  of  a  review  was  gone  throujj^li 
with  under  the  critical  supervision  of  Field  Marshal 
Charles  Doane.  Field  Marshal  Charles  Doane  was 
mounted  on  a  horse  encumbered  with  an  extraordinary 
amount  of  military  trappings,  wore  a  black  frock-coat, 
black  pantaloons,  a  white  shirt,  a  glazed  cap,  was  sur- 
rounded by  an  invoice  of  pink  and  white  ribbon,  wore 
spurs  and  leather  boots,  carried  a  sword  in  his  hand, 
and  conducted  himself  with  so  much  modesty  and 
propriety  that  none  but  the  practised  eye  could  ever 
have  recognized  in  him  one  of  the  first  military  men 
of  the  afje."  But  enough.  Two  or  three  doses  such 
as  this  administered  daily  for  three  months  shows  to 
what  extremity  the  advocate  of  a  cause  is  reduced, 

But  the  richest  of  all  is  the  following  from  the 
Herald  of  the  2 1st  of  August  on  a  proposed  ball  to 
1)0  given  that  night  to  the  executive  committee.  "A 
(jrrand  Ball  of  the  Stranglers!"  it  is  headed.  "Star 
Chamber  and  the  Canaille  Cheek  by  Jowl!" 

"We  have  just  received  intelligence  from  our  special  mesmeric  correspond- 
ent of  one  of  the  most  remarkable  festivals  tliat  has  ever  graced  the  page  of 
history,  to  come  off  this  evening  at  Musical  Hull.  From  the  lights  before  us 
it  seems  that  in  a  city  which  formerly  was  au  appendage  of  the  United  States, 
but  which  will  now  form  the  nucleus  of  an  incipient  higher  law  republic,  a 
heterogeneous  mass  of  humanity  has  been  engaged  for  the  p:ist  three  months 
ill  the  laudable  undertaking  of  turning  the  American  Constitution  topsy-turvy, 
and  disgracing  the  enlightened  century  in  which  we  live  with  scenes  of  folly, 
madness,  violence,  and  horror,  such  as  would  only  have  been  expected  to  be 
tolerated  in  tiie  Cannibal  Islands  or  in  pandemonium.  After  having  lianged 
four  of  their  fellow- beings  without  any  of  the  forms  of  law  or  justice,  after 
having  been  the  cause  of  the  horrible  suicide  of  two  of  the  miserables  wlio 
were  confined  in  their  blackhole  of  Calcutta,  after  having  banished  a  score  of 
bad  men  who  contrasted  favorably  with  many  of  their  own  pious  and  saintly 
Josephs,  after  liuving  incarcerated  a  judge  of  the  supreme  bench  and  held  him 
fur  six  long  weeks  in  durance  vile,  with  the  mummery  of  a  trial  going  on  an<l 
the  muttered  threats  of  the  chonanneitrs  thirsting  for  his  blood,  his  daily  com- 
fort and  his  nightly  dream,  after  having  outraged  all  common  decency  and 
courtesy,  violated  every  social  right  guaianteed  by  the  compact  of  that  con- 
stitution which  was  conceived  in  patriotism,  baptized  in  loyal  blood,  and  nursed 


ANOTHER  'HERALD'  TIRADE. 


nr) 


i;i  tlic  hot-house  of  the  worM  as  tlic  most  beautiful  and  delicate  plant  of  lib- 
I'l-ty  tlitit  hoH  ever  ilouriahcd  in  the  suulight  of  Go<l,  after  having  committed 
[\m  long  cafadoguc  of  crime  and  infamy,  enough  in  all  conscience  to  make 
tlii'in,  for  all  time  to  come,  hang  their  very  heads  in  sliamc  and  hunddy  and 
|i«'nit<'iitly  seek  pardon  and  forgiveness,  what  a  fitting  finale  lias  tilled  tlic  cup 
(it'  tliL'ir  insane  outrages  !  Will  it  bo  btdievcd  by  tliose  who  are  to  follow  our 
fiiutpriuts  in  the  sands  of  time  that  the  masterspirits  in  this  memorable  epoch 
(if  aiinrcliy,  the  privy  councillors  in  this  crusade  on  freedom,  had  the  impu- 
(U'lico  to  advertise  their  infamy  and  to  hold  a  mutual  admiration  festival  in 
llic  shiipe  of  a  ball?  The  fact  is  nevertheless  patent.  We  were  sliown  yester- 
<l:iy  ii  ticket  to  a  ball  to  be  given  tliis  evening  to  the  executive  coninuttce  of 
tlic  vigilance  saints,  at  Musical  Hall.  The  executive  committee,  with  a  con- 
siili!ration  which  is  tnily  refreshing,  and  for  which  the  plelx-ian  thmkiesof  tiie 
iiiiiiiaculatc  Wly  can  never  be  sutliciently  grateful,  have  put  tlio  price  (»f  tickets 
down  to  five  dollars  per  head.  This  is  right,  it  is  democratic.  Heretofore 
tiuTu  bus  Ijeen  an  aristocratic,  an  im{>a8sable  gulf  Ix-tween  the  Dives  of  Front 
(ti'cct  and  the  Lazzarone  of  the  Committee.  The  vigilance  millennium  has  at 
Iciigtii  come.  Now  the  eagle  and  the  buzzard  will  lie  down  side  by  side,  tiie 
liiiii  and  the  lamb  will  feed  out  of  the  same  dish.  There  is  balm  in  (Jilead  for 
ilii'  pupjicts  with  a  vengeance.  For  the  moderate  sum  of  a  lialf  eagle  tiiey  are 
graciously  permitted  to  come  within  the  sacred  presence  cif  the  Lord's 
jiiioiiitcd.  We  are  not  in  the  confidence  of  the  Committee  and  cannot,  there- 
tiii'c,  Hay  what  objects  the  SUir  (Jliandjer  have  in  view,  but  it  i.s  reasonable  to 
s'.Hipose  that  they  are  hard  up  for  funds  and  have  adopted  this  very  ingenious 
lUL'tliod  of  raising  the  wind.  We  were  much  surprised  that  in  a  body  eml)ody- 
iii;.'  Ko  nmcli  of  nuithematical  genius,  so  great  a  knowledge  of  the  science  of 
liuinliug,  the  idea  of  exhibiting  an  anatomical  museum  has  never  suggested 
itself  to  them.  What  an  immensely  profitable  investment  it  would  have  been 
it',  instead  of  handing  the  dead  bodies  over  to  the  coroner  to  be  buried  at  the 
( x|)cnsc  of  tiie  tiix-payers,  they  liad  engaged  the  services  of  some  exi)ert  artiwl 
iiiiil  had  the  carcasses  exhibited  in  imitation  of  Madame  Tussaud's  chamber 
dt'  horrors. 

"To  illustrate  our  idea:  They  might  have  had  the  ghost  of  C.isey  in  a 
sitting  posture  engaged  in  stufiing  one  of  the  identical  ballot-lx)xes  tliat  ex- 
cited 80  morbid  a  curiosity  in  tlic  fashionable  nnn-mills  of  our  city.  Cora 
wliould  have  been  placed  in  a  stiinding  position  on  a  platform,  with  his  eyes 
liundaged,  listening  to  Casey's  speech,  and  a  miniature  reprcsenUition  of  the 
lids  with  the  condemned  muskets  at  his  feet.  Ilethcrington  would  have 
"jipeured  to  advantage  at  the  identical  moment  M'lien  the  executioner,  of 
li!ai,k  cambric  memory,  put  the  fatal  cap  over  lii»  head  to  prevent  any  remarks 
tliat  niiglit  have  initiated  the  dear  people  into  the  mystery  of  \'igilance  Com- 
mittee jurisprudence.  Brace  would  have  been  an  immense  card;  liis  figure, 
as  he  appeared  under  the  influence  of  the  bad  brandy  so  liberally  administered 
by  the  saints  for  the  purpose  of  counteracting  any  moral  effect  that  might  be 
piuduci'd  by  the  dying  speech  of  a  man  of  Hetheringt<jn'H  nerve,  illustrated 
by  his  classical  remarks  at  the  moment  of  execution,  wouUl  readily  have  coiu- 
iiiaudedan  extra  bit.  and  thus  added  largely  to  the  tlepleted  puritjm  treasury. 
Sullivan  should  have  been  presented  sitting  on  his  lonely  cot  in  his  dismal 


ili  FINAL  ADJOURNMENT. 

cell  in  a  meditative  position ;  time,  midnight,  and  the  clatter  of  the  hammer 
and  the  grating  of  ttie  carpenter's  saw  suggestive  of  an  execution.  A  wax 
figure  of  a  sentinel  in  front  of  his  prison-door,  who,  by  a  species  of  ventrilo. 
quisni,  might  be  made  to  speak  with  profane  levity  of  the  probable  end  of 
the  criminal,  und  a  knife  lying  opportunely  at  his  sitle,  would  have  mudu  up 
a  very  effective  tableau.  This  happy  idea  of  an  anatomical  museum  not  having 
suggested  itself  to  the  fertile  ingenuity  of  the  stranglers,  they  have  adopted 
the  less  classical  but  more  social  plan  of  a  ball. 

"This  evening  will  be  a  gala  night  in  the  memory  of  the  mo<lern  puritans. 
There  will  be  music,  bright  lights,  and  the  fair  forms  of  the  luvelicst  of  (iotl's 
creation  will  float  around  in  the  misty  mazes  of  the  waltz.  Let  the  dunce 
go  on,  let  joy  be  unconfiued,  but  if  there  ia  a  conscience  in  the  brcaHts  of  the 
men  wiio  will  grace  the  occasion  this  evening  with  their  presence,  dressuil  in 
glossy  broadcloth  and  white  kids,  if  they  come  within  gunshot  range  of  Sliiiko- 
BiKiare's  idealization  of  Macbeth,  there  will  be  many  an  air-drawn  dagger 
floating  before  their  mind's  eye;  and  perhaps  the  ghost  of  a  Casey  or  a  Hcth- 
erington  noay  intrude  upon  the  hilarity  of  the  occasion,  as  tliat  of  liiintpio  did 
upon  the  peace  of  mind  of  Macbeth  at  the  royal  banijuct.  Instead  of  unia- 
mentuig  the  room  with  the  vote-yourself-a-medal  banners,  or  mutual-iidiiiira- 
tion  flags,  we  would  suggest  that  an  artistic  representation  of  Casey  and  Cora 
dangling  in  mid-air  with  the  motto  of  I'op  goes  the  weasel,  should  be  placid 
at  one  end  uf  the  hull.  A  representation  of  a  scaffold,  containing  wax  minia- 
tures of  Hetherington  and  Brace,  with  printed  copies  of  their  lust  words  and 
(lying  speech,  would  be  a  fitting  ornament  to  the  opposite  end.  In  the  centrt> 
of  the  floor,  the  whitewashing  artibt  of  the  iissociation,  who  so  immortalized 
iiimself  in  the  funeral  celebration  of  Monday  last,  might  very  appropriately 
construct  a  miniature  representation  of  Fort  Gunnybags,  with  full-length 
figures  of  the  valiant  and  heroic  sentinels  who  were  so  couHiderutcly  assigned 
the  honor  of  guarding  the  precious  gunnies  during  the  reign  of  terror. 

"  We  make  no  doubt  the  rooni  will  be  ornamented  with  the  cannon  and 
guns  stolen  from  the  state  authorities,  and  we  are  informed  upon  what  we 
consider  reliable  authority  that  to  add  to  the  interest  of  the  occasion  the 
Committee  can  obtain  the  hat  of  the  ubiquitous  McGowan,  whicii,  inasmuch 
as  that  enterprising  individual  has  given  the  all-seeing  eye  of  vigilance  the 
slip,  should  be  enveloped  in  an  invoice  of  crape.  A  score  or  so  of  dcath'x- 
heads,  a  bale  of  American  flags  with  the  Union  down,  hung  promiscuously 
around,  two  or  three  dozen  sanguinary  individuals  dressed  in  black  cambric 
gowns  ii  la  Hetherington 's  executioner,  a  few  bales  of  rope,  and  un  assortment 
of  slip-nooaes,  some  specimens  of  patent  trap-doors,  and  the  knife  with  which 
Sullivan  committed  suicide ;  a  lock  of  Cora's  hair,  and  one  of  the  front  teeth 
of  Brace;  together  with  printed  biographical  sketches  of  the  executive  com- 
mittee, would  add  much  to  the  general  effect  of  the  tout  ensemble. 

"  The  music  should  commence  with  the  Rogue's  March,  to  bo  followed  by 
the  Pirates'  Chorus  from  the  Enchantress;  and  the  entertainment  of  the  even- 
ing should  wind  up  by  the  judge  advocate  singing  Down  among  the  Dead  Men. ' 

I  can  do  no  better  here  than  to  give  in  full  the  ad- 
dress of  the  executive  committee  to  the  general  com- 


ADDRESS  OF  THE  EXECUTIVE. 


S37 


rnittce  of  vigilance  on  their  retiring.    How  different  in 
tone  and  character  from  the  ribaldry  of  their  opposers : 

"Gentlemex:  On  the  occasion  of  your  adjournment  the  executive  com- 
mittee deem  it  proper  to  make  the  following  remarks : 

"Afi'W  months  since,  grief  and  despair  weighed  gloomily  upon  an  op- 
pri'BHcd  people,  unpunished  crime  was  in  the  ascendant.  For  years  our 
( iti/cns  had  endured  the  great  evils  existing  in  their  midst,  and  had  combated 
tlicin  by  all  the  ordinary  remedies  prescribed  for  a  republican  people.  The 
rtMlrcHS  looked  for  in  elections  and  jury-trials  was  used  without  success. 
TliPMC  rt'niedies  were  not  neglected,  but  by  the  combination  of  fraud  and  vio- 
lence they  were  rendered  of  no  effect.  The  ballot-box  was  dishonored,  tlie 
lu«n  were  perverted,  justice  was  prostituted,  government  was  corrupted.  Tlie 
t  xciL'iso  of  free  speech  and  the  .uardianship  of  a  free  press  were  attended 
with  peril ;  life  was  unsafe  upon  the  public  highway. 

"The  state  of  public  affairs  required  that  ordinary  remedies  and  legiti- 
m.ite  measures  should  for  a  brief  period  be  laid  aside.  The  necessity  was 
niiomalous,  the  exigency  great.  Measures  which  could  not  bo  justified  in  well 
oi'lurud  and  well  governed  communities,  became  defensible  and  just.  It  was 
rc'(iuiaite  that  a  prompt  and  overwhelming  assault  should  be  made  by  the 
people  upon  organized  and  dominant  crime.  The  occasion  came ;  the  public 
exigencicM  demanded  of  you,  as  representatives  of  the  great  majority  of  the 
people,  that  you  should  assume,  to  a  limited  extent,  the  administration  of 
justice.  Similar  exigencies  have  occasionally  arisen  among  a  free  people; 
but  none  furnishing  a  parallel  to  this,  or  reriniring  so  imperatively  a  vigorous 
and  united  action  of  the  public.  A  stem  and  awful  necessity  demanded  the 
employment  of  extra-legal  and  extra-judicial  measures  for  public  relief,  sup- 
ported and  protected  by  an  armed  i ■  i  ilitia  drawn  from  the  tx>som  of  the  peojjle. 
It  was  the  last  of  a  long-suffering  and  insulted  people — free  in  name,  but  not 
in  fiict.  The  fountain  of  endurance  long  filled  to  the  brim,  at  lost  overflowed. 
None  regretted  the  necessity  more  than  yourselves  No  people  on  the  face 
of  the  globe  were  more  strongly  opposed,  on  constitutional  grounds,  to  the 
renssumption  of  any  portion  of  those  rights  and  dntirs  which,  residing'  '  x  the 
people,  are  delegated  by  them  to  their  servants.  In  tlie  rectitude  and  loyalty 
of  your  republican  principles  you  are  conscious  of  a  devoted  love  for  and  ad- 
herence to  the  true  spirit  of  government  and  law.  In  the  assumption  of 
power,  you  did  but  assert  and  use  the  rights  constitutionally  inherent  in  the 
people  as  declared  by  their  majority.  You  have  performed  certain  specific 
acts  which  were  requisite  to  vindicate  justice  and  the  rights  of  an  outraged 
people,  an«l  to  strike  terror  into  the  ranks  of  crime.  You  have  exposed  tlie 
machinery  by  which  your  liberties  have  been  subverted,  and  which  has  ren- 
dered the  election  franchise  a  mockery,  and  the  administration  of  justice  a 
farce.  You  have  originated  and  brought  to  active  maturity  the  great  revolu- 
tion which  will  result  in  social  and  political  reform.  The  great  work  which 
you  have  commenced  has  attained  to  that  degree  of  progress  which  will  require 
at  your  hands  in  the  future  only  the  honest  and  watchful  efforts  of  citizens 
in  the  ordinary  prescribed  methods  of  action  to  consummate  the  desu-cd  and 
triumphant  end. 


I 


Mi  FINAL  ADJOURNMENT. 

"  Fcllow-memlKirs,  you  luivo  given  your  time,  your  money,  your  lulwir,  nnd 
your  onrnest  thoughta  to  tlie  work.  You  have  iniule  many  ami  great  Siicri- 
fiuva.  Yoii  have  thrown  yourselvui  into  the  bruacli  in  thi:*  content,  mid  wliut- 
ever  of  joopiiniy  or  loss,  whatever  of  opprobium  or  enmity  could  ipossildy 
onsuu,  you  liave  freely  hazarded  for  the  public  g(XNl.  All  tiiiii  you  huvc  iIudo 
witiiodt  tliu  possibility  of  private  gain,  without  a  solitary  object  of  pLr.siiiml 
arlvantige,  l(M)king  only  for  your  proportion  of  the  public  benefit.  You  belong, 
gencmlly,  t'^  tiiosc  classes  of  citizens  who  have  rarely  filled,  uiul  liavu  lu'vur 
coveted  otlicu.  You  aiHj  the  industrial  classes,  men  of  occupation  nnd  respdn- 
sibility.  Among  you  are  the  larger  majority  of  those  citizens  (jf  Sun  l^'raneisco 
who  are  unciiored  hero  by  family  ties,  by  homes  and  houMcliolds.  A  innjniity 
of  your  opponents,  consisting  of  the  most  bitter  and  hostile,  huvc  no  traclu 
but  iK>litic8  or  worse,  and  liave  but  little  at  stake  in  proj)erty  or  fainiliut). 
Tiiey  alluet  not  to  understand  the  sincerity  and  self-sacrificing  principle  wliich 
lias  Icil  you  to  labor  and  endure  so  much  to  effect  public  reform.  To  most  of 
you  otlice  is  no  object  and  would  lie  a  burden.  Your  interests  wouM  HuH'er 
by  its  acceptance.  You  have  endured  much  of  bitter  enmity  and  un- 
blushing misrepresentation.  While  many  of  our  most  rcHpected  citizens 
have  diiFei'od  from  you  on  abstract  principles,  it  is  uudcniablo  tliat  a 
combination  of  the  worst  and  most  dangerous  elements  in  society  has  liecn 
raised  against  you.  False  issues  have  been  attempted  by  wliieli  to  stig- 
matize you  us  partisans  and  fanatics,  as  traitors.  You  have  been  falsely  ac- 
cused of  harboring  political  enmities,  religious  prejudices,  sectional  di  ^likes, 
hostility  to  foreigners,  and  finally,  of  indulging  political  aims.  Tiiu  seventli 
article  of  your  constitution,  adopted  at  the  commencement  of  yourexisteno'aii 
a  body,  elTuctually  forb'ido  all  issues  of  sections,  nativity,  politics,  or  ci-oeii. 
A  motto  on  your  seal  disclaims  such  issues,  and  to  this  hour  the  intc^'i-ity  of 
that  constitution  and  that  motto  has  been  preserved  inviolate,  even  against 
imputation.  You  are  of  every  religious  creed,  of  every  political  bias,  of 
every  enlightened  nation,  and  of  every  state  of  our  beloved  Union.  It  \.  oiild 
bo  utterly  impracticable  to  form  a  reliable  conjecture  of  the  prcdoniinunt 
political  or  reli  ions  sentiment  among  you.  Wo  therefore  earnestly  counsel 
you,  us  vigilance  men,  to  avoid  all  indentification  of  the  Committee's  name 
and  interests  with  any  political  party  or  policy.  Do  your  duty  f.iitlil'ully, 
each  man  in  the  party  of  his  choice.  Let  every  man  throw  his  vote.  Let 
every  man  cherish  and  protect  the  palladium  of  the  peojile's  rights  ajid 
lil)erties.  Protect  the  purity  of  the  ballot-box — let  it  never  again  be  polluted. 
iSoe  to  it  that  the  elections  are  peaceable,  that  the  Uvea  of  freemen  are  not 
perilled  by  rulfians  at  the  imjIIs.  This  is  your  work.  Let  the  question  bo  re- 
garding every  candidate.  Is  he  capable?  Is  he  honest? 

"Since  you  commenced  your  labors  there  has  been  a  very  great  improve- 
ment in  the  administration  of  law  and  justice  by  the  authorities.  Crime  has 
been  more  generally  and  more  severely  punished.  The  recent  unnulment  of  tlie 
fraudulent  elections,  and  the  indictment  of  the  offenders  in  the  young  ami 
almost  helpless  county  of  San  Mateo,  so  recently  separated  from  ours,  is  a 
triumphant  and  i>romising  result  of  the  great  movement  by  the  people.  Let 
the  example  be  copied.  Exclusive  of  the  hostile  dcmonfitrations  iigaiust  youi 
own  boily,  good  order  uud  a  bensc  of  security  have  prevailed  to  a  greater  ex- 


^ 


If 


FOR  THE  FUTURE. 


tent  than  ever  before  in  our  midHt.  Men  have  not  fearcil  to  express  their 
huiicHt  sentiments  in  every  peuceablo  manner;  ttiu  preu  haa  been  untnini- 
mi'Ili'il;  riot  has  been  pruventeil,  or  has  btten  eaitily  Bupprustsed.  Sunic  ml- 
Miiitii),'o  luis  been  taken  of  your  moderation,  but  by  your  diRcretion  and 
t'drlH'iiriincc  tiie  great  excitement  of  the  past  tliruo  months  has  sulwidud,  iind 
hn  ),'n;at  events  have  been  accomplished  without  the  consequent  loss  uf  a  life 
by  ciillisiou. 

"The  aggregation  and  discipline  of  a  large  military  force  was  a  measure  of 
pnidi'iice  and  necessity.     The  peace  and  safety  of  the  community  re(|uii'ed  it. 
WitliDut  its  overwhelming  power,  a  bloo<ly  issue  would  have  Iteen  forced 
uitiin  yon.     By  its  strength  and  perfection,  the  exertions  of  your  opponents 
to  (irgiinizc  and  bring  into  the  field  a  hireling  force,  of  the  wonit  outcuuts  of 
Rotiety,  to  destroy  you,  have  been  rendered  impotent  and  alMirtivo,  and  tiius 
till!  city  has  lieen  spared  the  horrors  of  civil  war.     You  tmdt  up  amis  for  j)ro- 
tiitioii  and  not  for  aggression.     Hail   no  armed  opposition  Ikjcii  arrayed 
a;,'iiiii.'*t  you,  your  work  of  justice  would  have  l)cen  accomplished  without  bear- 
iMi{  iinii.'4.    Determined  yourselves  to  avoid  the  nhedding  of  blcjod,  you  made  no 
iittaik  upon  your  foes  until  they  took  the  field  against  you.     Your  military 
liowcr  and  discipline  are  adequate  to  any  achievement  you  might  desire. 
Hail  you  aimed  at  the  subversion  of  goverimient,  at  a  cliange  in  the  incum- 
lifiit.s  (if  office,  at  any  political  revolution ;  hud  you  l>een  actuated  by  sinister 
ik'xignM,  by  malignant  hate  or  revenge,  by  fanatical  zeal  in  any  ol)Ject,  cle- 
ilai'cd  or  otherwise,  the  power  was  yours.     Heaven  acquits  y(Hi  of  any  such 
iiKitives  or  passions.     You  could  have  proceetled  to  extreme  measures,  even 
ill  tliu  very  avowed  objects  of  your  constitution,  but  you  have  been  nuMlerate 
and  jii.st  even  in  these.     You  mi^ht  have  done  nuich  more  tlian  you  have,  iu 
till!  punishment  of  the  guilty,  but  it  is  not  in  the  execution  of  a  few  assassins 
iiikI  tliu  banishment  of  a  few  score  of  noted  criminals,  ami  the  voluntary  ex- 
jiatriation  of  many  others,  that  your  work  is  done  or  to  be  done.     You  have 
\isited  your  power  oidy  upon  those  respecting  whom  the  evidence  M-as  clear 
ami  full.     You  have  preferred  to  err  on  the  side  of  clemency.     Other  rogues 
M'liiaiii  unpunished,  and  some  high  in  position.     They  can  hope  for  no  inmiu- 
uity  in  tiio  adjournment  of  the  Committee.    The  eye  of  vigilance  is  upon  tiieni. 
Till'  i^word  of  justice  is  yet  suspended  over  them;  other  modes  of  puiiisiiment 
aii'  ill  reserve  for  them.     Tlio  vigilance  of  the  whole  coinmuiiity  in  respect  to 
ri-ime  and  the  abuse  of  office  lias  been  awakened,  its  moi'al  sen-se  and  intellect 
have  been  quickened.     Iniquity,  hitherto  disguise<l  witli  fascinating  mask, 
Ktands  exposed  in  hideous  deformity.     You  liave  demolisiied  the  fortress  of 
iriiiie  and  corruption,  and  have  scattered  its  garrison  to  the  four  winds. 

'■'i'iie  archives  of  the  Committee  contain  a  large  amount  of  testimony  which 
its  s(!ssioii  accumulated,  and  which  can  )>o  hereafter  used  in  tlie  punisliineiit 
and  prevention  of  crime  and  political  abuses,  by  the  employment  of  those 
(iidinaiy  remedies  wiiich  hitherto  have  proved  inoperative. 

"You  are  content  to  lay  aside  your  arms.  It  is  your  pride  and  delight 
that  those  arms  are  unstained  by  a  single  drop  of  citizen's  blood.  You  have 
disarmed  your  opponents,  who  sought  to  eml)roil  you  in  a  fratricidal  conflict. 
^'ou  retire  in  the  plenitude  of  your  power.  This  event  you  souglit  and  ex- 
pected many  weeks  since,  but  the  hostile  attitude  of  your  foes  and  the  new 


540 


FINAL  ADJOURNMENT. 


issues  forced  upon  you  prevented  the  realization  of  your  wishes,  prolonged 
your  active  service,  and  were  the  means  of  perfecting  yonr  military  diacipline. 

"You  will  retain  your  organization,  but  without  active  ncrvice  as  a  body, 
and  without  the  design  and  desire  of  again  assembling.  Yet,  ati  a  provisii^n 
against  possible  contingencies,  your  executive  committee  will  endeavor  tlain- 
selves  to  exercise  vigilance  in  the  investigation  and  reformation  of  abuses,  and 
iu  aiding  and  urging  on  the  constituted  authorities  in  the  discharge  of  their 
duties,  reserving  the  discretion  and  privilege  of  reassembling  the  board  of  del- 
ogatcs,  or  the  general  body,  should  serious  occasion  arise.  8uch  occasion  in 
tlie  judgment  of  the  executive  committee  might  be  foimd:  first,  upon  the  re- 
turn of  any  person  you  have  banished,  or  upon  the  necessity  of  enforcing  my 
sentence  already  passed  ;  secondly,  upon  the  necessity  of  protecting  any  nie.n- 
1)er  of  tile  Committee  from  violence  or  malicious  prosecution,  arising  out  uf 
any  act  performed  by  authority  of  the  Committee ;  tliirdly,  in  event  of  any 
assault  upon  th(!  life  or  liberty  of  any  citizen,  should  it  be  apparent  thut  the 
laws,  or  the  oflicersof  the  laws,  are  ineflicient  for  the  protection  of  the  eitizeu 
or  the  punishment  of  the  offender;  fourthly,  in  case  of  any  violation  oi  tliu 
purity  of  the  buUot-box  or  the  sanctity  of  the  elective  franchise. 

"  A  small  police  force  will  be  retained  for  the  present,  and  will  be  reen- 
forced,  if  advisable,  from  the  ranks  of  the  Committee. 

"You  will  now  adjourn.  You  will  mingle  once  more  with  citizens  with- 
out the  distinctive  ciiaracterof  vigilants.  Let  us,  then,  fraternize  with  those 
good  citizens  who  have  honestly  differed  with  us.  Let  us  unite  vigorously 
and  generously  in  those  measures  of  public  good,  upon  which  all  tlie  patriotic 
und  honest  citizens  agree.  It  is  the  duty  of  all  good  citizens  to  quiet  popuhir 
excitement;  nt  the  same  time,  a  maidy  vindication  of  your  past  course  is  in- 
cnmbent  upon  you  wlien  occasion  arises.  You  were  not  assembled  to  subvi'it 
1  iws  but  to  niiiintain  the  people's  rights.  Justice  demanded  of  her  devoted 
adherents  that  vindication  which  the  usurpers  of  her  throne  had  denied  \\vv. 
You  have  dispersed  the  pestilent  vapors  wliieh  eclipsed  her,  an<l  once  inoifi 
the  benignant  visiigc  smiles  upon  a  people  long  despairing  and  inert,  and  )ias 
lieon  aroused  to  generous  and  healthy  action.  Tlie  people  have  found  tliat  tliey 
are  not  powerless  uniler  the  rule  of  crime.  Mighty  has  been  the  demonstratiou 
of  the  miiul  and  voice  of  an  awaliened  public  in  the  great  moral  conflict. 

"Let  tliis  moral  jiower,  vast  and  terrible  when  lully  aroused,  complete 
the  Work  which  your  hands  have  begun.  Aid  it  witli  your  hearts  and  haudn  1 
Aid  it  by  your  example,  your  voice,  your  votes!  Aid  it  in  the  jury-box,  nt 
the  polls,  by  yonr  daily  life  and  conversation,  by  the  public  press,  by  the  pen, 
whicli  is  mightier  than  the  sword.  Let  not  the  good  work  (lag.  Remember 
that  eternal  vigilance  is  the  price  of  liberty.  Be  vigilant  in  bringing  crim- 
inals to  justice.  See  to  it  that  the  courts  and  the  otBcers  of  the  law  do  their 
duty.  Aiil  them  in  the  execution  of  that  duty ;  and  in  the  unswerving  in- 
tegrity of  nijinly  and  honest  hearts,  looking  to  that  providence  who  has 
{guided  you  in  doubt  and  danger,  who  lias  brought  your  labors  to  a  successifid 
result,  may  you  ever  adhere  to  the  true  principles  of  vigilance,  sustaining 
the  laws  when  rightly  administered,  the  government  when  faithful  to  the 
people,  and  the  supremacy  of  the  people  as  the  source  of  both  government 
and  law," 


THE  TREASURER'S  ACCOUNTS. 


(Ml 


Comment  on  the  foregoing  is  needless.  Like  all  the 
documents  emanating  from  that  body  a  candid  reader 
cannot  fail  to  discern  its  moderate  and  dignified  spirit, 
and  its  sound  and  logical  reasoning.  Truth  alone  is 
aimed  at.  The  necessity  for  such  an  organization  is 
clearly  proven,  and  the  results  accomplished  moder- 
ately given.  Thus  speak  the  masters,  as  they  have 
ever  acted,  sans  peur  et  sann  reproche.  "  It  is  a 
iSuhlinie  picture  of  self-denial,"  exclaims  one,  "  the 
liistory  ol'  the  Vigilance  Committee;  one  which  has 
few  parallels  in  the  j)\^es  of  history."  De  facto  the 
state's  rulers,  they  passed  untainted  through  the  in- 
t()xi(;ating  ordeal  of  the  exercise  in  secret  of  ahuo^st 
unlimited  power,  in  the  use  or  misuse  of  which  tiiey 
were  responsible  only  to  their  God  and  to  each  other. 

The  f(jllowing  notice  appeared  in  the  public  jour- 
nals of  September  20,  18aG: 

"COMMITTEE  OF  TIGILANCE. 

"  All  members  in  good  standing  can  receive  their  certificates  of  member- 
sliiji  liy  calling  on  the  secretary  of  tijc  Qiio.liSvai,iou  Committee  at  41  Sacra- 
nii'iitu  street,  between  the  hours  of  9  a.  m.  and  4  F.  M.  daily. 

"By  order,  33,  Secretary." 

In  May  1857,  the  executive  committee  removed 
their  chambers  to  a  room  gratuitously  furnished  I)y 
T.  J.  L.  Smiley  at  the  corner  of  Sacramento  and  Sail- 
s'>)t>e  streets. 

I.  I  tiie  29th  of  Mav,  1857,  Mr  Bluxome  sent  in 
his  resignation  as  secretary,  in  whicli  capacity  lu;  had 
si'rved  so  long  and  faithfully,  and  James  Ludlow  was 
elected  in  his  stead.  It  was  decided  that  the  same 
signature,  namely,  *  3.3,  Secretary,'  should  be  continued 
in  use  by  the  new  secretary,  and  that  all  edicts 
and  communications  sliould  be  subscribed  therewith. 
Thanks  were  tendered  Mr  Bluxome  under  seal  of 
the  Committee. 

The  record  of  the  Committee  of  1856  opens  the 
15th  of  May,  1856,  and  closes  with  the  3d  of  Xovem- 
ber,  1859.     The  last  meetings  were  held  in  the  office 


,?  It 


s'il 


542  FINAL  ADJOURNMENT. 

of  Mr  Dempster,  from  ten  to  fifteen  members  usually 
being  present. 

Treas0ber'3  Report  from  Mat  15th  to  Avovst  Utii,  1856. 

receipts. 

Collections  in  initiation-room, $  2,180  4,') 

Donations, 3<!H  K7 

Collections  of  district  committees S.OiiO  li.j 

Contribution-box  in  ante-room O.'i  IM) 

Roll-book, 2,240  4,') 

Collection  of  citizens'  committee, 10,.">74  71) 

Loans  of  members  of  the  Executive, 1,7()0  (H) 

CoUuctious  of  delegates, 2,tH)'2  S'2 

DISBURSEMENT!). 

Furniture,  blankets,  bedding,  etc., $  2,242  ?7 

rulice  expenditures, 2,()44  I'J 

Rent, l.SCO  (H) 

Horse,  hack,  and  boat  hire, I,.'t24  (i4 

Arms  and  ammunition, 2,(i.~i7  l.'t 

CarjifUters,  painters,  lumber,  etc. 'J  ;U2  SS 

I'aiutiug  and  advertising 2I!()  ."i() 

Stationery,  etu 172  .JU 

I'roviiiiuns,  oil,  candles, 4,G1.')  28 

Nalai'ii.s, 0,247  ~>4 

Tele^'nii>1iiiig 51  ;t() 

Tassji^'e  of  i>risoner8 100  (K) 

JSclioolU'r  Kxact, 3, 174  02 

Sand-bag  fortification iHS')  M 

Incidental  expenses, 21U  25 

Kxpi'ii.si's  of  wounded  members ii'Mi  07 

Cash  on  liaiiil, 00(1  X] 

$2y,oau  :<:i 
Treasurer's  Report  October  9th,  1856. 

receipts. 

Collections  in  initiation-room $  2,18fl  4.'> 

Donations, l,.~i(H>  ','> 

Collections  of  district  committees 14,0^8  00 

Conti'ibutiuii-box  in  ante-room, U^i  !K) 

Certilioate  fund, $3,5G8  25 

Less  juiid  in  full  for  1st  jdition 1,772  50  1,705  7 •"• 

Roll-l)ook, 2,544  J5 

I'ublication  of  Terry  trial 1,100  00 

Collections  of  conunittee  of  citizens, 1,108  00 


AFTERWARD.  M3 

r.itpnt  rloublc-action  ballot-box, $  500  CO 

Li'uiis  from  Kxtrutivc, ^1,700  00 

Lf.s8  refuiule.1 1,000  00  100  00 

('<iiii|>any  colleutioiis, 5,03'J  8'J 

Exhibition  of  rooms G51  4() 

DISUURSEMEXTS. 

I'uniiture,  blankets,  bedding,  etc S2,3.")0  0."> 

roll,  e  expenditures 2,071)  12 

l;,  lit .'?,!»7.1  00 

Ilcr^c,  hack,  and  iKjat  hire, 1,031  04 

Alius  and  aiiimunitii>n, $!),807  87 

Less  received  from  siile  of  muskets 1,707  50  8,010  37 

Cii'peuters,  iiaiiiters,  lumber,  etc., 2,3Sl  (X) 

I'liiitiiig  and  advertising 204  00 

Stiitiduery, 504  95 

riiivisions,  oils,  candles,  mculs,  etc., 5,748  31 

'1\  ligrapliing 73  15 

r.i.ssage  of  exiles, 1,025  00 

.Ncliuoner  Erart, 3,453  81 

Less  received  for  her  iu  full 2,400  00  1,0.')3  M 

S,iim11i;i;;  fortifications, 7(tl  25 

MisiiUaueous  expen.ses, 524   12 

I'A [lenses  of  wounded  members, 1,327  02 

feidaiics  (all  departments  included), 9,430  GO 

Ca.-ih  ou  hand 250  32 

Oil  tlio  adiouriiuieiit  of  the  Yi<nkmce  Comiiiittcu 
111''  county  jail  contained  no  prisoners  awaitin;^  trial, 
iiinl  the  doleful  predictions  of  the  law  and  order 
jnmnals  that  the  occuj)ation  of  officers  of  justice 
would  he  gone  seemed  for  the  moment  to  he  realized. 
]5iit  he  not  downcast,  O  district  attorneys,  sheritis, 
.111(1  lawyers,  for  with  the  non-interh-reiice  of  the 
jienple  who  were  to  wreck  society  on  their  impious 
jniui-hreakers,  criminals  will  take  heart  ag'ain!  Xestr 
leal-.     And  so  it  was. 

Jnnnediately  alter  the  adjournment  of  the  Sau 
Iiancisco  Vigilance  Committee,  highwaymen  hecame 
^(  TV  trouhlesome  throughout  the  entire  state.  'I'lie 
giiNernor  loudly  jn'otested  his  inahility  to  put  down 
tliese  guerilla  hands.  The  legi.^lature  must  vote  him 
Mipplies,  he  said,  else  he  couhl  do  nothing.  Then 
tliere   was    talk  of  t»rganizing   vi!>ilance   committees 


11 '' 


i; 


I'll 


544 


FINAL  ADJOURNMENT. 


everywhere.  Indeed,  this  seemed  at  the  time  to 
be  the  only  way  of  exterminating  this  sort  of  vt  r^ 
min.  "What  kind  of  a  governor  is  this  wo  havif" 
cries  one.  When  the  VigiJance  Committee  were  send- 
ing abandoned  characters  from  the  country  he  couM 
easily  find  the  power  to  attempt  to  make  war  updu 
them.  Now  when  the  aid.  of  the  state  is  desired 
for  the  protection  of  the  community,  and  nut  as 
in  the  other  case  for  its  injury,  he  suddenly  iinds 
that  he  has  no  power.  Shame  on  California  i<> 
permit  herself  to  be  so  misruled!  May  the  time  \>v 
hastened  when,  in  the  words  I'f  a  contemporary,  liis 
term  of  office  over,  he  may  "reel  from  the  executJM' 
el 'air  back  to  a  congenial  obscurity,  so  far  beneath  t!i" 
reach  t)f  animadversion  that  all  his  own  fL)llies,  vi(  (  s, 
and  infuniies,  linked  into  a  chain,  could  not  plumb  him. 
If,  by  a  miraculous  exercise  of  divine  [jower,  the  law 
of  gravitation  which  unfortunately  holds  him  t(t  the 
earth,  shouM  l»e,  in  respect  to  him,  annulled,  and  he 
should  fall  away  into  the  immensity  of  space  as  rajddly 
as  descends  an  aerolite  for  the  remainder  of  his  yeais, 
be  would  nnt  iit  the  end  of  his  career  be  farther  finm 
the  centre  of  the  earth  than  he  v.ill  be  Ijuneath  thr 
contempt  of  an  honest  man  the  moment  he  stej)s  out  of 
the  governor's  chnir.  We,  therefore,  are  impatient  i'or 
the  few  short  weeks  of  his  term  to  pass  over," 

An  auction  sale  of  th<>  Conimittoe's  effects  was  In  I! 
at  the  Sari-nineiito-street  rooms  the  7th  of  Octolit  r. 
It  was  well  attended,  and  the  bidding  was  spirited. 
T.  J.  L.  Smiley,  of  the  executive  committee,  stej>{M  I 
from  the  multiform  duti(,'snf  in«juisitor,  and  jdayed  tlm 
ntirt  of  jiiictioneer.  It  was  his  vocation,  no  K'ss  tin: 
one  than  tlie  other.  A  lot  of  lumber,  part  coniposiii'.,^ 
the  scaffolding  of  Ih-aci'  antl  Ilethcrington,  and  |)ait 
the  c(dls  of  Casey  and  Ci)ra,  was  sold.  Then  follow  (I 
mattresses,  furnituie,  utensils,  and  Jirms. 

Ai)out  one  thousand  feet  of  lumber,  of  which  tlio 
ju'isoners'  cells  weru  made,  sold  for  seventy  dollar-; 


.     Ml'- 

■t'i, 


SALE  OF  EFFECTS. 


545 


l)u]lt'tin-l)Oards  ten  cents  each;  cavaliT  swords  twelve 
ami  a  half  cents  each;  street  barricades  nine  dollars 
v.u'h;  one  thirty-two  jmunder  twenty  dollars;  heside 
w  liich  were  mattresses,  blankets, cliairs,  and  table  I'urni- 
tiiii'.  Total  receipts  five  or  six  hnndred  dollars.  (  Ved- 
itors  of  the  Committee  were  notified  to  present  their 
Kills  properly  certified  beforti  the  fh'st  of  Septend)er, 
.111(1  receive  payment.  The  bell  was  sold  for  six  hundred 
dollars  to  the  citizens  of  Petaluma,  who  hunu'  it  in 
till'  l)elfry  of  the  baptist  chuivh  with  the  understand- 
iuL:'  that  it  .should  be  used  not  only  as  a  ciiuieli  bell 
liiit  as  a  city  bell.  A  man  was  engaged  to  i-ing  it 
(luce  times  everyday,  moi'ning,  noon,  aiul  night;  and 
tlnie  it  remained  until  the  29th  of  April,  1 8(14,  when 
a  Mr  i)oyIe,  who  had  C(»ntributed  somethiiiij:  over  a 
hundred  dollars  towards  its  purcliase,  becojiiiiig  ag- 
'4iii-ved  at  some  })olitical  action  of  the  church,  took 
the  btdl,  and  stored  it  in  a  warehouse.  ]:^ut  aftir  the 
s  rvice  it  had  seen  it  was  not  the  bell  to  remain  in 
i'.iiioble  retirennuit,  and  had  not  tlie  [)eople  of  I*eta- 
limia  risen  en  masse  and  elevated  it  to  its  old  position 
it.  Would  have  rung  out  its  wrongs  of  its  own  aecord. 
Tlic  famous  brass  camion  originally  belonging  to  the 
(  iililbrnia  (juard,  which  thri'atened  tlie  jail  while 
CaMV  and  C-ora  were  being  led  out,  was  delivered  u[> 
ti>  the  .state  with. the  other  .state arms.  The  com[»any, 
iinturalh'  desirous  of  retaining  the  faithful  old  trophy, 
pttitioned  the  governor  for  it,  but  the  re((Uest  was 
liatlv  refused.  Wt  Ih'i"  was  then  u'overnor.  The  nioii,- 
to  place  it  beyond  their  reach  it  was  sent  to  Los 
Angeles  at  the  time  an  ap[)roj)r'iation  of  live  tlutusaml 
•  Inilais  was  made  to  aid  the  ]ieo}>le  of  that  \  ieinity  in 
liuiting  l)anditti.  Xot  a  robber  did  it  kill,  however, 
hi;t  true  to  its  instincts,  when  I'ancho  Daniels  was 
taken  from  prison  and  executed  by  the  people,  tlicre 
stootl  the  old  gun,  bright  and  bristling  in  absolute 
liiiiaiic!'  of  g(fvernors,  statutes,  an>l  constitutions, 
iiicnacing  that  very  authority  which  it  had  Ixin  sent 
to  sustain. 

I'oi'.  Tiuu,,  Vol.  U.    ,io 


!;, 


Mrt 


FINAL  ADJOURNMENT. 


Silver  mcd.'ils  alxnit  t'le  size  of  a  trade  dollar  \V( m 
MiMck  olf  and  furiiisltod  to  any  of  the  iiioinhcrs  (K- 
siriiiu^  tliein.  On  one  sidi;  roiinfl  an  all-src-ini^'  cvr 
were  tin-  words  "Connnlltee  of  Vi'j^ilance,''  out>itl. 
(if  wliioli,  encinTni!^  the  whole,  was  the  line,  "()r^;iii- 
iz((l  Dth  Jnne,  18.")],  Iteor^anized  14th  ^Fay,  lSO(i.'' 
])eneatli  the  eye  were  tlu^  sioniHcant  tii^ures  ":>:>."  ( )[i 
the  other  side  stood  Justiee  with  sword  and  scaK-: 
beneath,  the  Nvords  "  San  Francisco,  California, '  ami 


round  the  edge,  "Be  just  and  fear  not.  Fiat  justitla 
I'uat  eu'luui." 

Thi'  Itirth  of  Washin<:,'t(ni  we  yearly  celehrat(.'. 
1]\(  ly  fourth  of  July  wt^  renunnher  our  declared  iiid.'- 
jx'iuh'uee  of  any  earthly  power;  and  there  nvr  \]\>'>c 
^\  ho  hold  l'i's{i\('  the  '.)th  day  of  every  Septeniln f, 
vhcn,  in  the  year  1850,  California  hccaine  oik'  "t' 
\\\r  Aniei'icnn  coufodri-acy  of  stntes.  All  this  is  \\.  !1. 
And  yet  thei\'  is  that  involved  in  the  procccchnu-^  'ii' 
the  isth  of  Au'jfUst,  now  all  unnoticed  and  well-ni,!i 
lorL;ottt'n,  ot'  ;is  vast  iinpcn'tance  to  ihe  raee  as  so;:io 
ol'  ihfsr.  |{n<  the  spirit  of  that  day  lives,  and  Vwr.i 
iiHinoital.  \jrt  n^•l■l^s^^ity  invoke  it  and  strai^'htwav  it 
heeouics  incarnate.  It  is  the  spirit  of  \iL;ilance,  that 
essence  of  ahuitifhty  power  hy  which  the  jiroL^ressioual 
j)art  of  man  re'L''ulates  the  un})rt)<;-ressional  [lart. 

On  this,  the  Isth  of  AuL>'nst,  tlie  N'i^ilance  C-'Ui- 
mittee  closed  their  harrial;^  and  ri'tained  onlv  a  nigral 


'M 


A  COMPLEIKD  PURPOSE. 


M7 


niid  iiivisiUle  organization.  Tliis  retiring  was  altso- 
Jiitcly  voluntary.  Jt  arose  neither  from  outward  tear 
nor  I'roni  inwanl  dissension;  it  was  hastened  hy  no 
>i  H'-destroying  cause  or  extraneous  pressuie.  Theie 
A\;is  then  no  organiztMl  force;  o[>)K)sing  the  Coinmittef. 
no  danger  from  wliicli  inmuMUate  (hssolution  was  tin- 
scile  escape.  On  the  c(»ntrary,  tlie  personal  and  ]>r(th- 
ahle  pecuniary  j)erils  of  the  leadei's  would  he  augUH-nted 
Itv  the  dismissal  of  their  forces;  and  yet  these  leaders 
li.id  sjtontaneously  deereed  that  this  should  l»e.  The 
jec'ts  which  liad  heeii  the  original  and  onlv  aim  of 


nil 


tile  oi'ganization   had   heen   happily    tittained.      iJoth 
and  projierty  in  San  Francisco  were  now  I'ar  saft  r 

Animosities,  thftuyh 


|li;in  tliey  had  been  for  year; 
ihiily  f<»und  hy  tlu'  moiljidly  <hstempered,  wei-e  slowly 
f  nii^iiling;  and  aheady  it,  eould  Ix^  safeiv  assured  th;it 
the  softening  iiilluenee  ol'  time,  and  that  generous  ti»i  - 
!  I  a  ranee  wliieli  vict<ti's  in  a  noMf  cause  can  alwaysafinid 
1 1)  ma)  litest,  would  e  vent  ually(hssipate  them  wholly,  a  ml 
tiiat  strong  civil  honds  should  so  unite  the  meml»er>  of 
lliis  metropolis  as  to  make  it  the  envii'dof  all  eitio. 

Tlu-  leaders,  moreovi'r,  helieved  that  the  day  when 
iVecilom  might  ])c  secured  l»y  force  alone  had  pa-;>ed, 
atid  that  the  ]ieace  secured  hv  hayonets  might  i 
I'oi'  its  eontinuanci"  hi-  safely  left  to  hallots.  I'or  their 
"Wii  part  they  resolved,  and  to  theii- suhoi'dinati's  they 
i'C()mmend«-d,  tlu^  total  al»stinenc(!  pi'iiicij.lc  in  poli- 
lics.  'i'hey  would  neither  seek  nor  aerept  ollicial 
station,  li'st  some  shadow  of  |iretencc  might  he  af- 
ii'ided  for  tlu!  re[)roa<  h  of  sinister  designs  in  ilnii 
puivly    jwtriotic    mo\cment.      i'hicini 


I  p\v 


tl 


lere     were 


■^taiidniLr  rt'adv  to  hraii 


,1  tl 


lel 


r  purity  of  purpose  mi 


I 


li'^iil  sL'lf-di'uial  as  otlice-seeking  trif!<(ry.  such  as 
ilicy  would  <tnly  to(»  gladly  pi'a<'tise  tlirmsilxcs  if  they 
liad  the  n<.'cessary  character,  eajtital.  and  ahility. 
•'  It  is  very  seldom,"  I'l'maiks  the  l^ondon  Tnii'.<, 
that  self-constituted  autlioi'ities  I'etii'e  with  grace 
and  dignity,  hut  it  is  due  to  the  Vigilance  Ctminiitteo 
111  say  that  they  have  ilone  so." 


CHAPTER  XXXII. 


EASTERN  AND  EUROPEAN  OPINION. 


We  will  proceed  no  'urtlicr  in  thia  Imsincss. 
He  liutli  lionout'M  1110  of  lute  ;  and  I  Imvo  tj<juglit 
CJoUleu  opinions  from  all  stjrts  of  i>eoi)le, 
"NVhicli  would  bo  woni  now  in  their  newest  glosa, 
Not  cast  aside  so  soon.  Macfeth 

A  plague  of  opinion !  a  man  may  wear  it  on  liotli  sides,  like  a,  li/athurn 
^*^''*^'"-  Troilus  ami  Crcsxhla. 

When,  in  the  autumn  of  1851,  tidings  of  pistolings, 
thefts, butclieries,  murders,  and  amateur  strangulations 
reached  the  fathers  and  mothers  of  those  so  indulg- 
ing, the  kind-hearted  of  ]*ortland,  Maine,  eireulattd 
a  petition  praying  the  general  government  to  send  ;i 
national  vessel  to  California  to  carry  away  all  ^^ho 
desired  to  escape,  but  who  lacked  the  means. 

There  were  others  besidi's  the  old  women  of  Maine, 
some  even  amouiif  those  Avhi)  undertook  to  enlighten 
mankinil  through  the  columns  oi"  daily  journals,  wlie 
comprehended  the  existing  state  of  things  but  little 
Ix^tter.  \\y  tile  time  of  tlie  disbandnient,  in  IS.Hi. 
maiiv  had  become  cnliijlitened.  All  who  desired  te 
know  the  facts  could,  for  the  most  part,  command 
them.  There  were  some  minds,  however,  and  are  yit 
scmie,  unable  to  sec  the  right  in  the  action  of  the  pee- 
}»le'  of  California.  But  hapjtily  i'or  the  commoii-sen>-c 
of  niankind  tliey  are  not  many. 

Otten  at  a  distance  the  action  of  the  people  was 
supposed  to  sj)ring  from  a  seditious  spirit,  a  riotous 
dis[)osition,  and  a  general  tendeiuy  to  capricious  skit- 

1518) 


CALIFORNIA'S  BAD  NAME. 


r40 


tislmess,  when  the  very  ivvorsu  was  the  cnso.  Tims 
tlic  niovcnu'iit  at  one  time  tended  to  elieck  ininii^ia- 
tiou  when  it  (should  have  oncoui'ai^ed  it.  At  the  JC.ist 
iiiid  in  Euroi)e  the  Connnittee  was  thought  of  and 
talked  of  very  niueli  as  we  woul<l  think  and  speak  ol' 
tlic  Cannibal  Island  kin^j  and  his  eabiiK-t — a  hlnod- 
tliirsty  set  watehin«^  at  the  ))ortal  I'eady  to  swallow  all 
incomers;  when  in  reality  they  wvw  mild-maiiiH  i<'d 
liiniiane  men,  who,  thouL>ii  they  would  not  he-sitatc  to 
stiangle  strangers  on  occasion,  would  not,  witlimit 
piovocation,  harm  a  liy.  In  due  time;  tlu,'  ( 'omniittre 
lic.ame  known  as  they  were,  sim[)ly  a  voluntary 
jmlicL;  and  self-constituted  court  of  justice  condiimtl, 
watching  with  fatherly  care  over  the  city  while  it 
slei)t.  Surely  there  was  nothing  irightl'nl  in  this; 
yet  to  this  day  some  look  back  upon  that  uprising  as 
the  manifestation  «jf  a  ravenous  ap[)etite  for  bldod  and 
social  disorder. 

All  the  evils  incident  to  famine,  war,  and  pestilence 
v/cre  charged  upon  the  A'igilancc  C^omniittee  as  the 
result  of  their  reign  of  terror.  "In  the  first  ]>lace," 
they  cried,  "California  is  rapidly  being  de]i(»]»ulated. 
Steamer  after  steamer  carries  away  its  li\  iiig  freight, 
and  the  journals  which  have  sup[>orte<l  the  N'igilaiice 
(  nunnittee  since  its  commencement,  now  in  extreme 
NMiiiderment  cast  about  i'or  the  cause  of  this  un(  \- 
pected  movement  eastward.  Again,  it  is  exident  to 
everybody  who  takes  the  trouble  to  examine  criticallv 
the  shipments  of  treasure  l)y  evi-ry  steaim'r,  that 
Ini'eign  ca}>ital  is  being  withdrawn  in  largi'  quantities 
IViim  this  country.  This  fact  is  admitted  by  tlu' 
\  igilaiice  Committee  organs,  and  in  this  case  als(» 
with  a  charming  inuirlc  they  iii<|uire  the  cause." 

On  the  whole  the  San  Francisco  ijxecutive  en'ii- 
inittee  of  vigilance  was  perha[)s  tlu-  most  remarkai'le 
body  of  men  known  to  the  amials  of  luankind.  10ss(  n- 
lially  autocratical  in  the  ilerivationof  their  authority, 
llieir  duties  were  jtrescribed  by  no  statutes  and  their 
acts  subject  to  the  criticism  of  no  cabal.     They  were 


If 


."i.-iO 


EASTF.nX  WT)  ErnOPEAN  OPINION". 


I'E 


llmsc  wlio  led  jukI  made  tlic  jiroplc  follow;  not  ;iv; 
>!a\t's  or  sort's,  Imt  as  tliiiikiiii;'  iVrcnicii  wlio  wcic 
Itroiid  t(»  rr|>os(>  iiii|)li«it  trust  in  tliosr  tluir  lionotiil 
it  llow-fiti/i'iis. 

Ivxccssos  aro  usually  <'oMtiiio<l  to  a  small  |>ai't  of  tin 


comnuuutv;  outra'jfi's    to    stui    ffuci- 


Tl 


It'     .•IVtiaLT 


<  iti/cn.  cvcu  wlirn  i-xcitcd,  [lauscs  liofoi'o  a  <K'c(|  ;ili- 
lioriTiit  to  liis  reason.  I'lic  mass  of  the  |m'o|(|o  in  con- 
»•(  rt(.'d  action  aro  uoiu'rallv  iii>!it  citJH'r  wliollv  or  in 
]»art.  I^iit  in  »'vcry  reformatory  movement  there  ;iiv 
a  few  who  with  no  other  j^uidi-  to  tht'ir  passions  (h.iu 
the  inttrnal  Maze  of  excitement,  hecomt'  insane,  inid 
act  like  l>rutes,  or  men  lu-i-eft  of  I'cason.  Such  |teo|i|i' 
may  be  unadvised  of  the  coiuisels  and  j»UT')»oses  of  (lie 
mass,  may  easily  misinterpret  the  |»oj»uliir  temper  nr 
will,  or  they  may  ima'^ine  themselves  ministers  cf 
upright  feelinu;;  and  pin-e  |»rincii»les,  when  in  trutii  th'  v 
are  acting'  under  the  infatuation  of  pe>son;d  antipnthy, 
prejudici',  or  resentment.      Ila|>|iily  I'ailun*  is  the  fiti' 


u 


f  ex 


cess. 


Any  social  movement  I'estinn'  on  othei-  fouud.i- 
tion  than  conunon  ijood  (luicklv  falls  to  the  ''rou':!, 
Xothini;'  soont'r  extini^'uishes  the  lii'e  e\'en  of  pm.' 
patiit»tism  or  pui'c  religion  than  excess  on  the  p.tif 
of  votaries.     The  wild  and  thouu'litless  of  any  |iopul;ii 


it 


movement  are  sooi 


ne]'  or  later  hi-ou'jrht  to  their  Km  I 


liy  the  miijority,  else  the  movement  dies,  ilenrf 
V\e  may  he  sure  that  Ion;.;'  continued  action,  in  ;niy 
one  diiection,  of  a  lar^'e  or  |»owerful  jiai't  of  the  heily 
social  is  founded  u]ion  rigid  and  reason. 

Althoui.;h  regarded  hy  eastern  and  JMn'o|)ean  so.i.il 
conservatives  as  icvolutionaiv  and  anaichical,  lln' 
<-losi'r  ol>s(>i'vers  of  the  social  and  ])olitical  deveiop- 
jneiit  of  California  saw  tlie  gi'cat  ])oj)uh>i'  uprising  in 
a  clearej-  light.  The  New  N'ork  llciuhl  could  iint 
read  tlu>  account  of  the  taking  of  C^isey  <ind  ( 'ei  i 
from  the  scoundrels'  sanctuary,  tlu>  county  jail,  "with 
out  a  thrill  of  admirntion  for  tin;  nerve  and  cooIih  — 
<.f  tl 


le  armei 


Icit 


IZelis. 


^vAs^I^flTON  A\i)  yi:\v  oulkaxs. 


Ml 


Siiys  tlic  New  York  (Jmn'/rr  lunl  Kutjnnvr: 

"'l"li<:  likeness  wliiili  limy  fxirit  lii'iWfiii  t\vi>  tliiii;;^  lailirally  <litr<'ri'iit,  in 
Htrikiii;ily  illu.stratril  liy  flic  fviiits  in  Culitoiiiiii,  of  uliirii  we  ici-ii\  iil  full 
iiihI  .'i|>])iin'iit.ly  riirt'crt  iii'nniiU.s  un  Siitiinliiy.  In  alniuKt  any  otliii'  city  in 
till'  rivili/i'il  witrlil,  nr  fur  lliat  niattrr  in  i\\v  lialf-i'ivili/.eil  wurlil,  a  Mnii'Msfiil 
riiinliination  iif  tin;  riti/enx  for  tint  nsiMUMif  a  critninal  finni  tin'  i  ii^toiiy  i.f 
till!  iiliicri'ri  iif  tlic  law  wiiiilil  nut  only  la'  aiiarcliy,  Imt  anaii'liy  in  itx  vi'iy 
worst  fiii'in;  Imt  ii  ili.s|iassio'niitt:  ronsiilcration  of  tiiu  r('|iort.s  wliicli  liuvx 
iiiirlicii  iiH,  niakiiif^'  ail  rt'iittoiiiililo  alliiwanci!  for  tliu  color  which  tlicy  have 
iiTi'ivcil  from  the  cxiilcil  state  of  those  liy  whom  ami  for  whom  tliey  were 
written,  eom|iels  the  concliiHioii  that  the  San  l''ranri.s(':iiis  iliil  no  inoie  tiiaii 
ihity  anil  Wire  neeeHHity  tleniundeil.  \ot  only  ho;  our  ailmiration  is  com 
iiiaiiiiiil  no  more  hy  the  |iroiii[itne.ss  ami  ileci^ion  of  their  ai;tion  than  hy  tin; 
(li.^iiity  and  decunun  which  Hccni.s  tu  have  iiccomiiliiilicd  it." 


Tlic  editor  of  tin;  Wasliiii'ntoii  St((t'  \vriti>s: 

" 'I'lie  action  of  the  i>eii|ile  of  San  l''ranciseo  in  the  case,  i  vimes  tli:.t 
tliiiM;^!!  |ierson:<  without  I  harai'ter  and  of  ile>i>erate  |iur|)ose.s  have  in  too  many 
i'lst.'iiiccs  maiL-iueil  liy  ilcm.i^(i;;isiii,  jicrjury,  fi.'iml,  and  coii.-<|iir.'uy.  to  olitain 
l-iisitioii  JIM  |iul)lic  men.  they  stood  f  ady  to  ahate  such  miisaiices  wlii  ii  th<y 
1" caiiie  aliMiliitely  iiiiticaialile,  hy  a  resort  to  the  tirst  law  of  ii;itiire,  to  tint 
ii>:lil  of  self  jiiotecl ion.  'riie  country  <oiitaiiis  no  moie  uiicom|iroiiii>iiiL;  i  ,> 
|.i'iii  III  of  1 1  loll  law  t  lian  oili^elf ;  lor  we  art!  amoiiL;  those  who,  were  we  |o|  rid 
;.i  I  I  loose  lii'tweeli  the  two,  would  |irefi'r  to  livi;  nudir  the  ilis|iotisiii  if  a 
single  ruler,  than  to  exist  at  the  mercy  of  a  liioli;  the  ililiereme  liein:,  |if:ic 
tii'.'illy.  that  lictwecii  the  condition  of  jiismial  safety  and  [niMite  li.lits  ia 
I'laiiii',  at  this  time,  the  ;.^overiinient  of  Louis  .Naliolcon  liciii;,'  that  of  the 
w  ill  ,'iloiie,  ami  their  condition,  after  the  revolution  of  \~'X\.  w  hen  it  was  Imt 
rcicss.iry  for  the  most  wort/iless,  hriitid,  ;;ud  ih  uiaded  |ii'ison  to  |ioiiit  an 
iiiifou:ided  accusation  against  the  jmrest  and  must  useliil  citi/cii,  to  injure 
llie  Mminiary  hiinuiii;,' of  tin."  latter  on  the  nearest  laiiiii-|iost,  l>y  inf.iriated 
.-||||.^  iii/<>l'i:-i.  Nevitrthcless,  tlloil.uh  shaliielul  alilisc  *  of  our  system  of  ^'overn- 
iiiciil,  for  the  (•onsimimation  of  whiili  the  uiiscttlcil  condition  of  new  .Ameri 
■  :ni  conimnnitics  aH'ords  too  many  o|iiinit  unities,  and  c\|.criiiici'  leac  ni  iiioie 
1  >|iei'ially  where  so  many  thotlsands  of  Wditliless  |ier»olis  have  lieeli  attracted 
liy  tile  tem|itatiolis  of  the  j;old- washings  and  mines  -so  many  of  those  clio.-cii 
to  lie  imnishers  of  crime  and  con.scrvators  of  the  iiuMic  iie.icc  jiiovc  i  ontcd 
iratesof  and  syni|iatlii/ers  with  criminals,  .is  that  the  law  in  such  cases  is 
Jiowerless,  and  justice  Imt  a  niockeiy  the  jury  trial  Iniiig  litlh;  more  than 
an  institution  to  aid  the  t'scaiK!  of  the  worst  enemies  of  society." 

"  Tllr  ])t'(»|)l(' (»r  Siill   I'^l'MlK-i.-^co  Mftfd  Wt'l],' dfcliircs 
tlif  X«'\v  Oilcuiis  JJcltii.     '•Ill  Xc'W  ()rlfaiis  llic  mur 
drier  would  I'l'iuiiiii  mipunislu'd;  a  sliuiii  cxaiiiiiiatinii 
l)t'r()iv  Kcc'onler  JJi'iuht  would  wipe  awiiv  eseii   tlic 


1*1 


m 


I 


mull 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


/. 


& 


1.0 


I.I 


150 

(is 


1^    IIIII25 

IIIM 


Itt 
2.0 


1.8 


1.25 

1.4       1.6 

■• 6"     

► 

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d?;:^ 


w 


Photographic 

Sciences 
Corporation 


4^' 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  J4:<S0 

(716)  873-4503 


4is 


Qa 

H 


sra 


EASTERN  AXD  EUROPEAN  OPINION. 


faintest  recollection  of  it  and  all  the  concomitant  cir- 
cumstances. But  in  San  Francisco  it  is  different. 
The  people  are  stronj^er  than  the  bullies  and  the 
gamblers,  and  accordingly  the  respectable  citizens,  the 
merchants  and  property-holders,  turned  out  and  de- 
manded the  New  Yorker  who  murdered  Kinj;  from  tlie 
liands  of  the  sheriff,  and  have  probably  hanged  him 
before  now'.  They  did  right.  When  the  formal  ju(H- 
ciary  and  executive  are  not  capable  of  decisive  action, 
the  populace  does  the  work  and  does  it  well." 
The  Boston  Jbin'^i«/  thus  discusses  the  question: 

"We  cannot  justly  call  the  Committee  of  Vigilance  a  mob,  for  it  has  tlio 
countenance  and  support,  direct  or  indirect,  of  all  the  respcctjible  portion  cif 
the  community.  Tlie  press,  the  pulpit,  and  business  men  generally  sustain 
the  summary  proceedings  of  those  who,  influenced  as  they  lionestly  believe 
by  stern  necessity,  have  taken  the  administration  of  the  law  into  tlieir  own 
liands.  To  denounce  them  as  law-breakers  and  lawless,  would  be  t<j  den<nince 
the  law-making  power!  Living  as  we  do  in  well  regulated  conuuunities, 
where  justice  is  almost  uniformly  administered,  where  crying  evils  have  thiii- 
apprf)priate  remedies,  and  where  the  law  is  almost  uniformly  administered  \>y 
competent  and  faithful  officers,  we  cannot  realize  the  state  of  things  wliieh 
exists  in  California,  We  cannot  fully  comprehend  the  ten-ible  necessity  for 
wresting  the  administration  of  the  law  from  its  regularly  constituted  olhecrs, 
and  for  dealing  out  justice  to  an  offender  in  a  summary  manner.  AVe  kiii)\\', 
however,  tliat  self-preservation  is  the  first  law  of  nature,  and  that  it  is  a  la\i- 
Avhieh  is  as  iipplieable  to  commun  ties  as  to  individuals.  Society  has  ii  right 
to  protect  itself  against  tlio  evil  designs  of  the  vicious  and  the  depraved,  and 
it  does  tins  in  well-regulated  communities  by  stringent  criminal  laws,  and  by 
the  choice  of  competent  officials  to  administer  those  laws,  and  to  mete  out 
impartial  justice  to  offenders.  In  California,  if  the  laws  arc  stringent,  tiie 
officials,  and  particularly  the  juries,  are  corrupt  and  venal,  and  it  is  the  eiiu- 
sequent  uncertainty  of  the  administration  of  justice  which  has  impelled  the 
people  to  take  the  matter  out  of  the  hands  of  the  courts,  and  iu  their  sover- 
eign capacity  to  mete  out  justice  to  notorious  otTenders." 

"When  assassins  of  influence,"  asks  the  Now  York 
Siutdai/  2'hnes,  "arc  enabled  to  twist  the  legal  meshes 
so  as  to  suit  their  own  operations,  when  they  can 
o[)enly  put  those  to  death,  with  the  bowie-knife  or 
the  bullet,  whose  honesty  they  fear  or  whose  presence 
is  embarrassing,  what  can  a  conununity  do  but  fall 
back  on  its  natural  rights,  and  personally  maintain 
that  standard  of  ])eremptory  justice  which  the  exigency 


NEW  YORK  AND  BOSTON. 


.553 


demands  and  the  authorities  are  too  corrupt  to  en- 
force?" 

On  the  otlier  side,  I  find  in  the  New  York  Com- 
tacrcial  Advertiser  the  following: 

"  It  is  impossible  to  read  the  California  papers  brought  by  the  Georr/e  Law, 
MJtliout  deep  concern  ami  regret  at  tlie  condition,  moral  and  social,  of  the  city 
(if  Sun  Francisco.  The  picture  is  saddening  in  tlie  cxtremo.  We  had  Iioped 
tliat  the  days  of  lynch  law,  and  illegal  administration  of  the  law's  penalties, 
liud  forever  passed  away  in  California ;  and  that  in  San  Francisco  at  least, 
where  the  machinery  of  legislative,  administrative,  and  executive  government  is 
complete,  secret  vigilance  committees,  andotherself -appointed  and  irresponsible 
tribunals,  would  never  again  be  known.  In  common  with  all  lovers  of  law  and 
onlcr,  we  have  su  flered  bitter  disappointment.  At  tliis  distance  from  tlie  scene 
of  action,  it  is  impossible  to  divine  all  the  causes  that  have  led  to  the  sudden 
overthrow  of  government  in  the  state  of  California — for  such  is  practically 
the  condition  of  things  there — and  the  substitution  of  a  secret  tribunal  and 
(if  popular  lawless  vengeance  for  the  proceedings  of  criminal  courts.  AV'hat- 
cvir  may  have  been  the  causes,  however,  the  efl'ects  were  likely  to  be  niost 
luiuentable  and  disastrous." 

Obviously  the  Advertiser  s  editor  was  a  careful  reader 
of  Mr  Nugent's  writings,  for  he  goes  on  to  say: 

"Other  evidences  of  excited  passion  and  tyrannical  disposition  on  the  part 
of  the  Vigilance  Committee  organization  accompany  its  proceedings.  A  de- 
termined efTort  has  been  made  to  crush  the  San  Francisco  Herald  because  it 
IkhI  the  manliness  to  assert  that  the  law  and  the  officers  of  the  law  should 
id(jne  deal  with  ofTenders  against  the  laws.  This  clearly  shows  the  temper  of 
the  whole  proceeding.  The  thing  is  radically  wrong.  Once  let  i'^  bo  estab- 
lished that  private  citizens,  whatever  their  number  and  respectjibility,  may 
tiike  the  administration  of  justice  into  their  own  hands  when  they  think  it  is 
too  tardily  administered  by  the  popularly  elected  authorities,  and  a  despotism 
ensues  more  oppressive  and  cruel  than  that  of  any  individual  sovereignty." 

And  thus  the  Boston  Traveller: 

"  It  is  impossible  to  justify  the  resort  to  popular  power  which  has  followed 
this  outrage  in  California,  except  upon  grounds  of  absolute  revolution,  for 
which  no  apparent  necessity  exists.  It  seems,  on  the  contrary,  that  the  con- 
stituted authorities  were  dis[)osed  to  do  their  duty  in  the  premises,  that  they 
were  not  even  dilatory  in  the  discharge  of  the  proper  functions.  The  oirender 
WHS  arrested  and  confined  in  jail ;  but  the  excited  community  was  too  impa- 
tient for  justice  or  revenge  to  await  the  cour.se  of  law.  If  the  autliorities 
li.id  failed  to  do  their  duty,  there  would  have  been  more  excuse  for  tliis  dis- 
•  Tih'rly  and  dangerous  step.  It  was  certainly  due  to  law  and  order  to  await 
the  operation  of  tlic  constituted  forms  of  justice,     llevolutiouary  mcusurea 


i 


554 


EASTERN  AXD  EUROPEAN  OPINION. 


can  only  be  juatificil  upon  the  grounil  that  society  is  suffering  under  evils  for 
wliicli  no  legal  constitutional  remedy  can  bo  found.  The  JJcrald  seems  to 
liave  maintained  its  position  manfully,  and  already,  as  we  perceive  by  the 
latest  number  received,  a  reaction  in  its  favor  has  commenced. " 


Had  this  man  of  Boston  been  in  San  Francisco  at 
the  time,  ho  would  have  been  seen  some  dark  night, 
standing  on  the  outer  ramparts  of  Fort  Gunnybags, 
with  a  musket  in  one  hand  and  drawn  sword  in  the 
other,  and  three  New  England  butcher-knives,  and 
six  Springfield  revolvers  under  his  belt,  patiently 
Avatching  for  a  Johnson  or  a  Howard  to  aj)pear  that 
he  might  annihilate  him.  So  often  are  opinions  the 
result  of  accident. 

The  New  York  Tribune  in  a  temperate  commentary 
on  the  subject  says:  "We  fervently  trust  that  this 
state  of  things  may  not  be  protracted.  Should  it  bo, 
personal  interests  and  enmities  will  creep  in,  and  tliu 
little  linger  of  the  Vigilance  Committee  will  be  found 
thicker  than  the  loins  of  the  legal  and  regular,  thougli 
cori'upted,  administration  of  justice." 

"  Much  alarm  is  felt  by  individuals  in  the  eastern 
states,"  says  the  VonuHylyama.  Enquirer,  "who  luivo 
iriends  and  relatives  in  San  Francisco.  They  fear 
that  other  exciting  scenes  have  taken  place,  and  that 
further  blood  has  been  shed.  The  real  condition  oi' 
affairs  in  that  city  is  not  understood,  and  it  is  difficult 
to  conceive  a  state  of  social  disorder  so  deplorable  as 
to  authorize  the  high-handed  conduct  of  the  Com- 
mittee of  Vigilance.  Private  letters  generally,  it  is 
but  right  to  add,  sustain  the  Committee." 

The  New  York  National  Democrat  observes : 

•'  If  the  same  energy  which  prompted  the  formation  of  the  Committee  and 
organized  the  armed  force  that  assaulted  the  jail  had  been  directed  to 
strengthen  the  regular  course  of  justice  as  public  opinion  can  do  it,  there 
would  have  been  no  need  for  the  outbreak.  The  indifl'erence  to  crime  which 
is  so  natural  in  a  connnuuity  situated  like  California,  induces  laxity  and  en- 
courages disorder,  until  they  i-each  such  a  height  that  vigilance  connuitteis 
and  lynch  law  step  in  and  make  a  general  jail  delivery,  warn  otl"  rogues,  and 
etrike  that  terror  into  evil-doers  whicii  courts  and  juries  cannot  inspire.     It. 


PHILADELPHIA. 


555 


i-  niily  in  rare  instances  that  mobs  can  effect  any  goofl.  The  precedent  is 
li^iil.  the  law  of  passion  cannot  ))e  trustetl,  and  the  slow  process  of  refonn  in 
tlic  administration  of  justice  is  more  safe  to  rely  on  than  tiie  action  of  any 
revolutionary  committee,  no  matter  how  great  may  be  the  apparent  necessity. 
>;u(;li  bursts  of  popular  sympathy  do  not  inspire  that  sense  of  personal  safety 
A\  liieii  good  government  ought  to  secure.  Better  to  endure  the  evil  of  the 
isf.ipe  of  criminals  than  to  inaugurate  a  reign  of  teiTor,  which  to-<lay  may 
].iuii.sli  one  guilty  head,  and  to-morrow  wreak  its  mistaken  vengeance  on 
many  hmocent  lives." 

And  thus,  loudest  and  strongest  of  all,  the  Phila- 
(klphia  North  American: 

"The  state  of  California  has  never  been  remarkable  for  its  law-abiding 
cliaracter,  but  we  had  supposed  that  the  severe  ordeal  through  which  it  j)assed 
(lining  the  former  reign  of  lynch  courts  and  vigilance  committees  had  purified 
tliu  atmosphere  siifficicntly  to  leave  no  further  necessity  for  a  resort  to  so 
(k'sperate  remedies.  Fonnerly  the  offenders,  against  whom  the  summary  code 
(if  .fudge  Lynch  was  levelled,  were  robbers,  incendiaries,  and  convicts  from 
Australia,  Tasmania,  etc.,  persons  who  committed  crimes  from  no  other  motive 
than  the  mere  desire  for  plunder.  The  comnmnity  seems  to  have,  in  a  great 
nii'iisure,  got  rid  of  these.  But  lo !  in  the  midst  of  an  era  of  peace,  prosperity, 
ami  general  security,  the  law  is  suddenly  ejected  from  the  judgment-scat,  the 
prison  surrounded  by  a  mob,  self-constituted  committees  nullify  the  autliority 
(if  courts,  juries,  judges,  police,  sheriff's,  mayors,  and  other  functionaries,  and 
siiz(j  the  reins.  This  may  be  all  riglit,  but  wg  must  confess  that  to  ns  it  looks 
a<  though  it  were  all  wrong.  No  matter  what  may  be  the  plea  urged  in  justi- 
fication, it  is  rank  rebellion  and  revolution,  as  much  so  as  anything  that  ever 
happened  in  Mexico  or  Central  America.  A  single  murder,  however  unpro- 
vdjad,  is  no  excuse  for  the  subversion  of  all  law,  and  we  trust  this  Califurnia 
oiiilireak  may  end  in  the  signal  punishment  of  its  authors.  Assuredly  if  the 
guvcrnor  of  the  state  be  a  man  of  tlie  proper  nerve,  he  will  at  once  ad(jpt  the 
niust  energetic  measures  to  restore  order  and  suppress  insurrection.  This  is 
till'  second  time  that  the  administration  of  justice  in  San  Francisco  has  been 
made  the  excuse  for  a  mere  mob  to  overturn  the  lawful  authorities  and  elect 
iriispDiisible  agents  to  wreak  their  vt.'ngcauce  ou  a  few  offenders.  Had  thu 
lirst  outrage  of  the  kind  been  fully  met  and  resisted  by  the  stiite  authorities, 
li-i  it  sliould  have  been,  tiie  second  one  would  not  have  occurred.  And  if  the 
jnf-ient  disturbance  be  calmly  tolerated,  the  same  thing  may  bo  at  any  time 
njieated,  whenever  popular  passion  or  prejudice  happens  to  be  wrought  up  to 
the  proper  pitch.  The  rule  of  the  Vigilance  Committee  in  San  Francisco  i.s 
tiie  reign  of  anarchy  and  terrorism.  Its  mendjers  are  fur  more  daugerou.s  to 
the  eonnnunity  than  the  gamblers  whom  tliey  persecute.  They  are  the 
■vv'orst  possible  enemies  to  the  peace  an'J  prosperity  of  the  state,  since  they 
nullify  at  their  pleasure  tlie  laws  which  are  the  shield  of  the  citizen  against 
(ipiuession.  Let  us  hope  tiiat  the  press  in  the  Atlantic  states  will  do  its  duty 
in  the  present  instance,  and  meet  this  outrage  with  the  denunciation  wliich 
it  merits." 


Cu6 


EASTERN  AND  EUROPEAN  OPINION. 


The  New  York  Tribune  induljjes  in  the  followiiio-: 

"There  is  a  subtile  and  delicate  flavor  about  California  crime  not  to  be 
matched  by  the  felonies  of  any  other  known  locality.  They  taste  of  the  suil. 
There  is  a  region  in  Sardinia  the  bitterness  of  whose  earth  is  perceptibk'  in 
its  lioney;  and  delicate  tasters  have  noticed  in  wines  of  eastern  France  a 
flavor  of  flint;  in  those  of  Burgundy  a  smell  like  that  of  the  sprouts  of  tlie 
wild  eglantine,  and  a  taste  of  faded  rose  leaves.  And  the  soil  seems  to  tnuis- 
mit  its  quality  to  human  actions,  as  well  as  its  flavors  to  honey  and  wine,  (jr 
grapes,  or  laurel  blossoms.  Here  is  a  record  of  a  little  criminal  draina  in 
iive  acts  enacted  on  the  borders  of  the  Pacific,  in  which  one  Whitney,  having 
a  sum  of  money  in  bank,  and  owing  an  equal  sum,  consulted  one  Dixon  as 
to  the  best  means  of  avoiding  payment.  Dixon  promptly  counselled  that  Wliit- 
ney  should  withdraw  the  money  and  lodge  it  secretly  in  his  hands,  so  thut  it 
could  not  be  attached  by  legal  process.  This  was  done ;  but  when  Whitney 
desired  to  withdraw  the  sum  from  his  ingenious  and  guileless  friend,  tliu 
latter  denied  all  knowledge  of  the  transaction.  Thereupon  the  despoiled 
Whitney  craves  the  interposition  of  the  law,  and  makes  a  clean  breast  of  it. 
Tlie  legal  myrmidons  overhaul  Dixon,  and  it  is  at  last  discovered  tliat  he  lia.s 
made  over  the  cash  to  an  evil  woman  named  Richardson,  with  the  under- 
standing they  are  both  to  fly,  rejoining  each  other  in  a  distant  city  where  they 
can  difFuse  the  booty  in  peace.  Searching  and  urgent  investigation  of  this 
person  disclosed  tlie  fact  that  she  had  just  perfected  her  arrangements  to  tlirow 
overboard  her  fellow-^lon  and  run  away  with  another  man;  a  man  of  tlie 
hoodlum  order,  with  a  taking  eye  and  a  correct  taste  in  hair-oil.  Search  for 
this  young  man  brought  to  light  the  amusing  fact  that  he  had  spent  quite  a 
good  portion  of  the  money  in  purchasing  a  fugitive  outfit  for  another  young 
woman,  who,  as  soon  as  she  had  got  the  articles,  did  literally  and  actually  fly 
with  another  young  man  about  whom  nothing  is  known,  except  that  he  seems 
to  be  the  only  one  in  this  strange  succession  of  criminals  who  has  reaped  any 
of  the  fruit  of  the  original  crime.  Considering  the  extreme  complication  and 
embarrassment  of  everybody  coucerned,  and  the  small  likelihood  that  he  will 
ever  get  any  of  his  money  back,  it  is  possible  that  Whitney  now  almost 
wishes  that  instead  of  mobilizing  his  capital  in  that  secret  fashion  ho  had 
quietly  paid  his  debts  with  it." 


The  following  on  the  cant  of  law-abiding  from 
Dickons'  Household  Words  is  quite  a  remarkable 
paper  considering  its  source: 


"We  avow  for  our  own  part  that  whensoever  at  public  meeting,  dinner, 
testimonial  presentation,  charity-election,  or  other  spoutatiou  ceremony,  wo 
find,  which  we  always  do,  an  orator  approaching  an  Englishman's  respect  for 
the  law,  our  heart  dries  up  within  us,  and  terror  paralyzes  our  frame.  As  the 
dreadful  old  clap-trap  begins  to  jingle,  we  become  the  prey  of  a  deep-seated 
nieliuicholy  and  a  miserable  despair.  Wc  know  the  thing  to  have  passed  into 
a  fulsome  form,  out  of  which  the  life  has  gone,  and  into  which  putrefaction 


LONDON. 


557 


lias  como.  On  common  lips  wo  perceive  it  to  be  a  thing  of  no  meaning,  and 
oil  lips  of  authority  wo  perceive  it  to  have  gradually  pasaed  into  a  thing  of 
most  pernicious  meaning.  For  what  does  it  mean  ?  What  is  it?  Wliat  has 
it  come  to  ? 

"Here  it  is:  'My  good  man,  John  Bull,  hold  up  your  hand  and  hear  me! 
You  arc  by  no  means  to  stir  a  finger  to  help  yourself,  or  to  help  another  man. 
Law  has  undertaken  to  take  caro  of  you,  and  to  take  care  of  the  other  man 
whoever  he  may  be.  You  aro  the  foremost  man  of  all  this  world  in  regard  of 
ivsin'cting  the  law.  Call  in  the  law,  John,  on  all  occasions.  If  you  can  find 
tiio  law  round  the  comer,  run  after  it  and  bring  it  on  the  scene  when  you  seo 
anything  wrong;  but  don't  you  touch  the  wrong  on  any  consideration. 
Don't  you  interfere  whatever  you  see.  It's  not  your  business.  Call  in  tho 
law,  John.  You  shall  not  take  tho  law  into  your  own  hands.  You  are  a 
good  boy,  John,  and  your  business  is  to  be  a  by-stander,  and  a  looker-on,  and 
to  be  thought  for,  and  to  bo  acted  for.  That's  tho  station  of  life  unto  which 
you  aro  called.  Law  is  an  edge-tool,  John,  and  n  strong  arm,  and  you  have 
iiotliing  to  do  with  it.  Therefore,  John,  leave  this  all-sufficient  law  alone,  to 
achieve  everything  for  you,  and  for  everybody  else.  So  shall  you  bo  ever, 
ever  tho  pride  and  glory  of  the  earth ;  so  will  wo  mako  patriotic  speeches 
about  you,  and  sing  patriotic  songs  about  you,  out  of  number.' 

"So,  by  degrees,  it  is  our  sincere  conviction,  John  gets  to  be  humbugged 
into  believing  that  he  is  a  first-rate  citizen  if  he  looks  in  at  a  shop-window 
while  a  man  is  being  murdered,  and  if  he  quietly  leaves  tho  transaction  en- 
tirely to  law,  in  the  person  of  the  policeman  who  is  not  there.  So,  when  law 
itself  is  down  on  the  pavement  in  tho  person  of  tho  policeman,  with  bruto 
force  dancing  jigs  upon  his  body,  John  looks  on  with  a  faith  in  law's  coming 
iippcrmost  somehow  or  other,  and  with  a  conviction  that  it  is  law's  business 
and  not  his." 

Some  time  after  the  disbandment  the  editor  of 
the  New  York  Tribune  writes : 


"A  cursory  view  of  history  affords  us  nothing  like  the  San  Francisco 
^'igilance  Committee.  The  last  mail  from  California  brings  us  an  address 
Avliich  may  be  regarded  substantially  as  the  abdication  of  its  authority.  It 
NiiiTcndcrs  with  a  grace  quite  germane  to  its  original  pretensions.  In  its 
luaiiifesto,  without  abandoning  its  vigorous  and  at  the  same  time  quiet  grasp 
uiion  illicit  authority,  it  pays  tribute  to  the  law  and  the  constitution;  ami 
decrees  that  it  will  hang  no  more  thieves  and  murderers,  if  only  the  n^gularly 
constituted  judicial  authorities  m\\\  perform  the  neccssai-y  strangulation. 
And  tho  gentlemen  of  the  executive  conmiittee  appear  to  have  arrived  at  tho 
conclusion  that  hereafter  it  will  be  safe  to  allow  juries  to  convict  and  judges 
to  sentence.  Petit  larcenous  persons  will  have  no  more  chance;  tlie  burglari- 
ously disposed  will  be  packed  oft"  to  the  state-prison  which  cost  so  much 
money;  the  judges  have  grown  suddenly  honest,  and  tho  jurors  models  of 
incorruptibility;  and  so  tho  Vigilance  Committee,  having  done  its  work,  re- 
tires.    Wo  cannot  permit  it  to  retire   »vithout  paying  it  a  certain  meed  cf 


6S8 


EASTERN  AND  EUROPEAN  OPINION. 


rcspppt.     Witlioiit  pretc'iuling  to  viiuliwite,  we  may  say  something  in  extciin- 
atinn  uf  its  usurpitions. 

"And,  first,  of  theso  usurpations.  Anytliing  more  cfiuitable  can  luudlv 
lie  (lisuoveretl  in  the  worUl's  anniils.  The  formation  uf  the  first  CoinmiittL' 
Mas  a  revolution  without  the  excesses  of  a  revolution.  Wo  think  wc  miiv 
say  that,  in  all  the  records  of  popular  uprisings,  nothing  can  be  found  tn 
challenge  it.  Hero  were  men  deserting  their  daily  and  most  profitable  inmu- 
ti(jn.s,  risking  their  own  lives  and  liberty,  flouting  to  their  very  faces  tlie 
legally  constituted  judicial  authorities,  ignoring  the  state  juribdictiou,  .siioinl- 
ing  their  personal  money  freely,  since  tho  public  expenditure  brought  ikj  re- 
•jnital,  determined  that,  at  all  hazards,  there  shouhl  be  no  more  niisuralilt; 
marjiuding  and  murdering  in  San  Francisco.  The  immensely  flagmut  must 
swing,  the  suspicious  and  disreputjible  may  give  leg-bail.  '  IJut,  hereiiltcr,' 
said  this  Vigilance  Committee,  'we  will  not  live  in  this  perpetual  condition 
of  alarm.  Hereafter  the  bread  shall  not  be  stolen  from  the  very  lips  of  mu' 
dearest.  Judges  are  false,  juries  are  venal.  No  scoundrel,  however  scuuu- 
drelly,  but  goes  unwhipped  of  justice.  On  the  other  hand,  he  whips  us,  v  ho 
strives  to  be  honest.  L'njo,  if  we  catch  him  purloining  or  murdering  we  shall 
be  under  the  necessity  of  retpuring  him  to  walk  out  of  this  upper-story  tloor 
of  a  warehouse,  with  a  new  hem^jcn  cravat,  by  us  for  him  especially  devi.sed 
and  twisted.  As  for  the  minor  sinners,  let  them,  in  the  devil's  name,  dtiiait. 
inidcr  tho  jiain  of  capital  execution  if  they  return.'  A  notable  resolutinii. 
suggestive,  undoubtedly,  of  anarchy,  and  easily  to  bo  proved  illegal,  by  tin' 
smallest  rcfei'cnce  to  the  smallest  law  library  in  this  country.  Very  torrililc, 
1)0  doubt,  to  the  adventurous  gentlemen  who  were  compelled  to  walk  out  oi 
tho  elevated  <loors.  Positively  inconvenient  to  the  hard  workers  at  pri\  ate 
pockets.  (i)uito  disgusting  to  the  burglai's.  A  perfect  misery  to  the  umr- 
dercrs.  A  general  bursting  up  of  speculations  not  upon  good  terms  w  itli  the 
statutes.  Honesty  to  be  observed,  upon  pain  of  dancing  upon  nothing.  \'civ 
bad  !  It  is  due  to  these  Vigilant  Committees,  both  the  first  and  the  sccoinl, 
to  say  that  in  no  one  instance  have  we  discovered  any  abuse  of  tln.'ir 
authority,  nor  any  attempt  to  employ  their  power  for  private  ends.  NW- 
cannot  learn  that  either  of  them  have  hanged  any  person  who  did  not,  as 
human  opinion  goes,  richly  deserve  hanging.  The  people  banished  were  just 
the  jieople  to  be  banished ;  and  it  is  only  to  be  objected  that  iiO  one  iias  a 
light  to  ol)trude  his  personal  nuisances  upon  his  neighbors.  The  gentleiiKU 
who,  for  the  sake  of  social  order,  cheerfully  submitted  themselves  to  tlic 
chance  of  indictment,  sentence,  and  execution,  must  have  taken  very  widr, 
and  we  fear  that  we  must  add,  very  wise  views  of  public  responsibilitj'.  X'l 
more  than  revolution.^  are  \'igilance  Committees  to  be  reconnnended.  llut.  as 
necessity  knows  no  law,  wo  do  not  propose  to  prescribe  laws  for  neces.sity. 
And  yet  all  of  us  will  be  pleased  to  learn  that  the  police  condition  of  Cali- 
fornia authorizes  the  virtual  disbanding  of  the  Vigilance  Committee.  Law- 
is  certainly  better  than  anarchy,  whenever  anarchy  is  not  the  better  law. " 


There  were  many  fears  expressed  at  the  time,  in 
California  and  elsewhere,  as  to  the  permanent  evil  re- 


DANGER  OF  REACTION". 


TmO 


suits  following  this  unnatural  .state  of  society  in  the 
]»()|>ularassuni[)tion  of  iMnvcr,  and  in  the  reaction  which 
must  ensue,  liut  indeed  such  fears  were  uiuieccssary. 
U[)on  what  should  it  react?  The  demonstration  itself 
was  a  reaction,  a  reaction  (jf  crime  upon  its  own  head. 
Jt  was  the  bursting  of  accunmlated  social  abuses,  the 
natural  result  of  a  long  se(|uencc  of  political  evils.  As 
well  might  one  caution  the  physician  to  beware  of  the 
iraction  of  the  disease  one  had  brought  on  f)ne's  self 
With  the  removal  of  the  moral  rottenness  which  fer- 
mented the  outbreak,  there  was  nothing  for  the  move- 
UR'ut  to  react  upon.  To  suppose  the  busy  merchants 
composing  the  executive  committee  desirous  of  office, 
or  of  subverting  righteous  rule  which  should  protect 
them  and  their  property  against  villainy,  was  j)repos- 
terous.  Had  they  wished  to  rule  thev  mi<jjht  easilv  have 
made  themselves  governors,  legislators,  antl  judges,  in 
the  legitimate  w\ay,  and  without  resorting  to  violence. 
Xor  was  it  against  those  that  misruled  them,  even, 
lliat  their  wrath  was  directed,  but  the  enemy  of  these 
so-called  rulers,  whom  with  their  law  they  could  not 
reach.  The  men  of  law  and  government  should  have 
risen  in  a  body  and  have  thanked  these  merchants  for 
thus  relieving  them  of  a  monster  with  which  they 
could  not  successfully  cope. 


CHAPTER  XXXIII. 

THE  CASE  OP  HERBERT-FEDERAL  FROWNINGS. 

Men  tho  most  infamous  are  fond  of  fame, 

And  those  who  fear  not  guilt,  yet  start  at  shame. 

Churchill. 

Almost  simultaneously  with  the  heralding  to  tho 
world  of  those  deeds  of  blood  in  California,  was  a 
murder,  perpetrated  by  one  of  California's  representa- 
tives in  congress,  which  should  heap  yet  higher 
blasting  ignominy  upon  the  head  of  our  devoted 
country.  On  the  8th  of  May,  in  Washington  city, 
shortly  after  eleven  o'clock  a.  m.,  Philip  T.  Herbert, 
member  of  the  house  of  representatives  from  Califor- 
nia, entered  Willard's  Hotel,  where  he  took  his  meals, 
and  called  for  his  breakfast.  The  waiter  placed  before 
him  all  at  his  command,  and  then  informed  the  honor- 
able gentleman  from  California  that  to  obtain  a  hot 
breakfast  from  the  kitchen  at  that  hour,  an  order 
from  the  office  was  necessary.  This  was  the  provoca- 
tion. For  this  tbo  chivalrous  gentleman  deemed 
himself  warranted  m  killing  the  menial.  Nor  would 
his  law  and  order  friends  in  California,  though  they 
might  not  openly  justify  the  act,  have  him  hanged  for 
it,  as  he  richly  deserved. 

After  ap]ilying  to  this  and  other  servants  in  the  room 
epithets  too  disgustingly  profane  for  record,  he  rose 
from  the  table  and  struck  one  Thomas  Keating  on 
the  back  of  the  neck  with  his  fist.  The  waiter  turned 
upon  his  honorable  assailant;  other  waiters  came  to 
his  assistance;  a  Californian  friend  of  Herbert's  rushed 
to  his  rescue,  and  for  a  time  plates  and  chairs  were  in 

(6C0) 


EASY  MURDER. 


set 


livdv  coininoHon.  To  bo  short — for  I  can  assiiro  tho 
reader  I  take  neither  [)riele  nor  i)lcasurc  in  recording 
it—  in  tho  midst  of  tho  nwlec  Herbert  drew  from  his 
pocket  a  revolver,  and  jmttinj,'  it  to  tho  breast  of 
Keatinir,  shot  him  throuufh  the  hmofs.  Tho  victim  died 
ill  five  minutes.  No  more  dastardly  deed  blots  the 
unnals  of  (Jnliforma.  Coras  murder,  Casey's  nmrder, 
were  acts  of  heroism  compared  to  this.  A  representa- 
tive of  California  in  < oni^ress,  to  kill  a  hotel  waiter 
ini'  not  doing  what  was  absolutely  beyond  his  power 
todol  And  yet  tho  murderer  was  not  hanged.  Ho 
was  not  oven  punished.  He  was  a  congressman  and 
liis  victim  a  poor  Irishman;  besides,  his  constituents 
at  homo  were  behaving  but  little  better.  There  was 
i.ot  a  decent  man  in  California  who  when  ho  hoard  of 
the  act  was  not  sick  with  shame  that  he  lived  in  a 
comitry  where  such  men  wore  chosen  for  office.  Her- 
l)ert  was  a  Mariposa  montc-dealer.  Ho  was  of  the 
class  composing  the  law  and  order  party,  as  was  John 
B.  ^Veller,  United  States  senator  from  California,  who 
volunteered  his  services  to  obtain  Herbert's  release 
from  the  courts,  on  tho  ground  of  his  position  as 
re])i'esontcitive  of  a  sovereign  state.     Cool. 

Yet  not  to  bo  uncharitable,  I  can  easily  see  how  it 
niiglit  all  come  about  naturally  enough.  This  man 
Herl)ert  did  not  go  into  the  breakfast-room  that 
morning  with  the  intention  of  killing  a  servant.  Had 
lie  not  carried  a  pistol,  probably  he  would  haye  been 
beaten  by  the  waiters  as  he  deserved,  and  that  would 
have  been  the  end  of  it;  and  this  may  be  a  com- 
nientary  against  the  carrying  of  deadly  weapons  by 
iiaseible  politicians.  He  had  been  drunk  tho  night 
before,  had  lost  heayily  at  tho  gaming-table,  and  he 
wont  into  the  hotel  with  his  head  exceedingly  sore. 
One  word,  one  deed,  led  to  another,  and  in  the  heat 
of  passion  this  brute — no,  I  will  not  so  defame  the 
animal  creation — this  human  hyena,  politically,  pa- 
triotically, chiyalrously  murdered  an  Irish  waiter  for 
nut  bringing  him  a  hot  breakfast  from  the  kitchen 

Pop.  Tbid.,  Voi,.  II.    36 


5G2 


THE  CASE  OF  HERRERT -FEDERAL  FROWNIXGS. 


after  the  breakfast  liour  luul  passed  and  he  could  not 

ffiit  it.     Blush,  California!    Hide  thy  head  in  shaiiic! 

This,  thy  representative!    Would  that  the  San  Fi;ii!- 

cisco  Coninnttee  of  Vij^ilance  had  been  in  Washlnutoii 

1       • 
at  the  time. 

The  grand  jury  of  Washington  indicted  him,  and  for 
a  short  time  he  was  imprisoned.  Evcl  this  Philip 
regarded  as  a  great  hardship.  The  Dutch  min- 
ister, 13u  Bois,  who  was  in  the  ciining-rooni  at  the 
time,  threw  himself  back  upon  the  privileges  of  lii.s 
position  and  refused  to  testify,  greatly  to  the  preju- 
dice of  justice  and  his  own  honor.  Had  it  been  ;i 
Dutch  waiter  instead  of  an  Irish  waiter,  the  Dutch 
minister  would  have  given  his  evidence.  It  would 
have  been  his  business  to  have  done  so.  But  whiit 
was  the  life  of  an  Irish  waiter  to  a  Dutch  minister- 
On  the  first  trial  the  jury  disagreed;  on  the  secontl 
almost  as  a  matter  of  course  the  criminal  was  acquit- 
ted. How  good  the  law  to  such  as  Laura  Fair  and 
Philip  Herbert;  but  a  poor  friendless  Mexican  or 
Irishman  it  must  needs  bravely  hang  for  example's 
sake.  Not  long  after  Washington  had  another 
humiliation,  if  such  scenes  humiliate  her,  in  that 
disjilay  of  cutthroat  chivalry  made  by  Brooks  of 
South  Carolina  in  his  attack  on  Senator  Sumner,  so 
that  California  stood  not  l  one  in  her  infamous  glory. 
Shame  loves  company. 

Herbert  in  his  younger  days  left  Alabama  for 
having  killed  a  fellow-student  at  college  in  Tu?<- 
caloosa.  The  heart  sickens  at  the  recital  of  such 
disgusting  deeds — deeds  far  more  damning  in  the 
sight  of  God  and  all  just  men  when  perpetrated  by 

{)ersons  of  some  cultivation,  than  when  done  by 
)eings  brute-low  in  instincts  and  ignorance.  From 
my  soul  I  pity  the  poor  wretch  who  in  a  fit  of  drunken 
frenzy  plunges  his  knife  into  the  breast  of  a  comrade, 
only  the  next  moment  to  bewail  the  loss  of  a  friend, 
no  loss  than  the  consequences  of  his  sin.  I  could 
stand    beside   that   Caliban    upon   the    scaffold,  and 


VILLAINOUS  ADVOCATHS. 


r>o.i 


\vipc  tlio  perspiration  from  his  bloated  face  and  call 
liini  brother,  even  thougli  Cahban'.s  country  was  not 
my  country,  even  thoui^h,  blessed  be  (iod,  Caliban's 
i:i(jther  and  childhood  were  not  my  mother  and  child- 
hood. But  if  there  bu  in  human  form  a  fiend,  if  there 
ho  aught  the  sweet  heaven  smiles  on  lit  only  for  Tar- 
tarean depths,  such  an  one  is  he  to  whom  God  has 
n'iven  intellect,  culture,  and  opportunity,  but  who 
iVoin  his  own  inherent  baseness  prostitutes  all  in  the 
hot-bed  of  loathsome  passion.  To  feed  the  lire  under 
i^ucli  a  soul  one  would  almost  serve  as  deputy  to  Satan. 

Such  were  the  men  tlie  odium  of  whose  sins  good 
citizens  had  to  bear.  And  next  to  the  disgrace  at- 
tcndinc:  the  nmrder  was  the  dis^rrace  attendii.^  Ilio 
deCence  of  the  murderer  by  Calilbrnia's  senator,  u  ilc- 
i'encc  which  seemed  to  make  all  California  a  l^arty  to 
Herbert's  villainy.  But  this  was  only  on  v  jir  v.ivli 
l:iw  and  ovihr  gov(!rnment  at  homo.  There  w  to 
many  desp(  i.^te  characters  who  ditl  no  worse  in  Ca]i- 
forrrfi.  than  at  the  east.  But  these  were  not  the 
jieopie  of  California.  "We  tell  this  senatorial  apolo- 
gist for  the  crime  of  a  consfressman  that  California's 
heart  beats  with  no  response  to  the  appeal  he  made," 
spake  the  voice  of  the  Pacific.  "We  tell  him  that  the 
jiicture  presented  of  the  widow  of  that  poor  Irishman 
bearing  her  babe  to  the  court-house,  and  in  the  fren::y 
of  her  grief  calling  upon  it  to  look  upon  the  nmr- 
dcrer  whose  act  made  it  an  orphan,  makes  many  a 
heart  here  swell  with  sympathy  for  that  mother  and 
that  child,  and  indignation  against  him  who  with 
cruel  hand  slew  the  one  to  whom  both  looked  for 
support.  We  tell  him  that  his  constituents  bow 
their  heads  with  shame  to  recognize  in  such  a  man  as 
Herbert  their  representative.  We  tell  Senator  Wol- 
Icr  that  his  defence  of  the  murderer  Herbert  does 
him  no  honor  here." 

Ay,  next  to  the  sin  of  the  murderer  is  the  sin  of 
the  advocate  or  judge  who  by  reason  of  that  very 
wealth,  intelligence,  and  position  wMch  should  have 


564 


THE  CASE  OF  HERBERT— FEDERAL  FRO\\'XINGS. 


ii 


taught  the  hauf^hty  criminal  better  behavior,  by  reason 
of  those  very  circumstances  which  add  tenfold  to  his 
damnation,  shields  him,  winks  at  his  wickedness,  and 
lets  him  go  free.  It  is  enough  to  disenchant  a  man  of 
humanity,  and  make  him  long  for  a  brute  existence. 
If  in  this  same  melee  the  congressman  had  \>vr]\. 
killed,  would  not  the  waiter  have  hanged?  Yet  the 
congressman,  because  he  was  a  congressman,  and  a 
gentleman,  as  chivalry  would  call  him — yes,  gentle  as 
Genseric,  the  scourge  of  God — was  indicted  for  man- 
slaughter only,  aiid  after  giving  bail  in  the  sum  of  ten 
thousand  dollars,  took  his  seat  in  the  house  as  if 
nothing  had  happened.  Said  one  of  the  discrinii- 
natino:  commentators  on  the  characters  of  two  of  this 
class,  Herbert  and  McKibben:  "Phil  is  a  scamp  by 
nature  and  profession.  He  will  cheat  at  the  gaming- 
table, but  Mac  is  an  honorable  man  and  plays  always 
on  the  square." 

The  quality  of  law  and  order  representation  in  con- 
gress as  manifest  in  John  B.  Weller  and  Philip  T. 
Herbert  was  certainly  not  such  as  to  do  credit  to  tin  ir 
cause.  If  all  were  as  they,  the  law-makers  of  Wash- 
ington could  but  feel  that  in  truth  there  was  need  of 
regeneration. 

"  Every  lover  of  republican  institutions,"  sayr, 
Weller,  when  made  governor — for  California  did  make 
this  ruffian-defender  governor — in  his  inaugural  of  the 
8th  of  January-,  1858,  "must  deplore  the  disposition 
so  frequently  manifested  by  a  portion  of  the  people  in 
different  sections  of  the  country,  to  take  the  law  inti) 
their  own  hands,  and  place  the  regularly  organized 
tribunals  at  defiance.  Ours  is  emphatically  a  govern- 
nient  of  law,  and  that  law  is  the  essence  of  popular 
will  as  expressed  through  constitutional  channels. 
In  its  execution  the  sovereignty  of  the  people  is  mani- 
fested. It  may  be  that  the  law  sometimes  fails  to 
give  adequate  protection  to  person  and  property,  but 
the  fiiult  will  generally  be  found  with  the  people 
themselves."     The  politicians  were  pure,  the  law  was 


HERBERT  IX  SAN  FRANCISCO. 


5G5 


]  'orfcct ;  the  people  only  needed  regeneration.     Well ! 

I  here  was  too  much  truth  in  the  charge;  only  the 
]H:()|)le  with  the  mote  in  their  eye  could  sec  the  jui^tice 
ol'  the  remark  more  clearly  if  the  [political  beam  was 
rt'iuoved  i'rom  the  eye  of  those  who  made  it. 

Not  a  word  condemnatory  of  Herbert's  conduct 
nor  of  Weller's  course  the  Herald  makes;  not  a  word 
ol'  commentary  even.  Still  harping  on  the  Vigilance 
Ci)iumittee  and  their  acts;  still  inventinu:  excuses  for 
every  outrage  committed,  for  every  villain  arrested. 
Si>  small  a  matter  as  the  killing?  of  an  Irishman  by 
tlic^  I'cpresontative  of  the  law  and  order  party  at 
A\';ishington  was  not  worthy  of  notice. 

The  appearance  of  Herbert  in  San  Francisco,  on 
tlic  17tli  day  of  September  next  after  the  nuirder, 
I'cU  upon  the  people  like  an  unwelcome  visitation.  In 
('niiii)any  with  his  law  and  order  friends  he  strolled 
ill  Mint  the  streets,  conspicuous  in  his  hardened  guilt, 
eyed  with  admiration  by  the  cutthroat  Iraternity, 
eyi>d  as  one  would  eye  a  loathsome  reptile  by  all  right- 
niiiided  men.  The  next  day  a  conunittee  of  citizens 
Wiiited  on  him  at  the  St  Nicholas  Hotel,  having  in 
their  hands  a  sealed  petition  signed  by  two  thousand  [)er- 
.soiis,  which  they  handed  him  with  ap[)ropriate  remarks. 

Tiembling  like  an  aspen,  while  visions  of  (Aise3's, and 

II  etheringtons,  and  long  lines  of  vigilance  soldici's 
rushed  through  his  brain,  for  of  necessity  so  ioul  a  thing 
was  ci-avcn,  the  miu'dcrer  broke  ^.he  seal  and  read: 

"  'Jo  the  Ilonorahle  P.  T.  Herhert :— 

"  We,  citizens  of  Califomia,  believing  that  you  have  forfciteil  your  el;iiiiis 
iiml  lights  tta  oTir  representative,  and  that  by  your  course  at  tlie  national  eii;ii- 
l.il  yon  liave  ch^eply  injuHMl  the  fair  fame  of  the  Stat(!  of  California,  liotli  at 
liiiiiii'  and  abroad,  would  therefore  take  tliid  course  to  make  known  our  wislu'.s, 
;ind  til  respectfully  request  of  you  that  you  wouM  not  again  make  Califurniii 
your  residence." 

'" San  rraitckco,  Angmt  2/'.,  ISoO." 


A  i'ortnight  after,  advices  were  received  of  tlie  death 
ot"  Mrs  Kcatinj'',  occasioned  bv  iirief  for  the  husband 
]\i]led  by  the  honorable  repi'esentative  from  California. 


5GG 


THE  CASE  OF  HERBERT-FEDERAL  FRO\\TaNGS. 


Herbert  departed ;  he  dare  not  remain  ;  but  he  went 
not  without  a  fling  at  his  archenemy  the  King  family. 
Among  journahsts  and  pohticians  invective  attaiuod 
perfection.     P.   T.   Herbert  was  not  without  talents 
in  that  direction.     As  a  sample,  I  give  a  qu(»tati(>u 
from  a  co'nmunication  addressed  to  the  people  of  Cal- 
ifornia, published  as  an  advertisement  in  the  Ilci-dld 
of  November  5tli.    "  Among  others  claiming  to  be 
independent,"  he  remarks,   "  no  one  seems   to   have 
attained  so   conspicuous   a   position  as  one  Thomas 
King,  the  gold-bought  editor  of  a  sheet  devoted  to 
public  libel,  known  as  the  Eveuituj  Bulletin.     Were  it 
elsewhere  than  in  California  I  would  apologize  for  the 
use  of  his  name.     From  his  character  in  Washington 
and  his  conduct  in  San  Francisco,  I  can  truly  say  I 
know  him  a  notorious  liar,  I  think  him  a  great  way 
fool,  and  a  S(jlely  coward.      From  the  time   of  his 
advent  into  public  life,  wlien  he  lirst  emerged  from  the 
obscurity  of  his  dark  and  infamous  individuality,  his 
only  ambition  has  been  to  l)ecome  the  prince  of  black- 
guards, the  most  consunnnate  of  liars,  the  most  infa- 
mous of  villains,  and  the  most  craven-hearted  of  miser- 
able cowards;  and  here  I  venture  the  prediction,  he  has 
never  done  an  honest  act  where  a  dishonest  one  could 
bo  made  to  serve  the  same  purpose.     In  Washington 
his  want  of  fidelity  to  his  obligations  is  proverbial, 
for  he  has  violated  the  most  solemn  of  all  plighted 
vows,  cither  before  God  or  man.     And  I  warn  the 
people  against  this  hypocritical  dog  under  the  mask 
and  garb  of  moral  character,  else  he  might  steal  i'roni 
tliem   the  treasures  of  theii-   lives.     This    miserable 
thing,  the  propagandist  of  morality  !     God  save  the 
mark  1"     It  seems  Herbert  had  sciit  Kiui'  a  challeniie 
which  the  latter  laughed  at.     Singular  ideas  the  law- 
making duellists  had. 

That  same  evening  the  Jhdlcttii  says: 

"  To-day,  California  will  be  purged  of  one  more  of  the  infamoua  characters 
■who  disgraced  her  in  the  eyes  of  the  civilized  world,  of  one  who  held  a  posi- 
tion obtained  through  vile  uieaas,  the  ignorance  of  the  true  nature  of  tLe 


COMMENTARIES. 


567 


licast,  forced  on  her  by  the  corrupt  primary  election  system,  and  the  money 
o:  tlio  gambler.  ^V'e  allude  to  P.  T.  Herbert,  the  Mariposa  monte-dealer,  the 
luui'derer  of  Keating,  and  the  rowdy  congressman.  We  are  glad  that  our 
state  will  be  rid  of  his  blighting  presence,  and  our  citizens  of  the  riiortifica- 
ticiii  tliey  feel,  that  one  bearing  the  mark  of  Cain,  with  lesa  to  recommend 
l.iiii  to  the  sympathy  of  his  race,  and  with  a  character  so  hideous  in  crime 
t.iut  even  the  vilest  of  men  turn  from  him  in  horror  and  disgust,  should  have 
tiie  oppoi'tunity  of  misrepresenting  them  for  another  three  moutlis  iii  the 
national  congress.  Since  the  return  of  this  miserable  man  to  our  state,  he 
has  [)een  remarkably  cpiiet.  He  has  been  shunned  by  all  decent  men  as  the 
plague  woTildbe;  his  bloody  palm  has  never  touched  that  of  a  gentleman. 
His  associates  have  been  men  of  his  own  class,  of  easy  virtue,  who  would 
iiot  lie  tolerated  in  respectable  society.  Only  once,  to  our  knowledge,  has  ho 
been  approached  by  gentlemen,  and  that  was  on  his  arrival,  when  he  was  pre- 
eentt'd  with  a  petition  from  a  large  body  of  our  citizens  reeducating  him  to 
leave  the  state,  and  expressing  their  indignation  at  his  vile  conduct.  Our 
citizens  have  so  far  respected  the  law  as  to  refrain  from  inflicting  any  bodily 
liunishnient  upon  the  murderer,  and  he  has  been  very  careful  not  to  afford 
t'.ii'ni  an  opportunity  to  administer  the  justice  he  so  recently  escaped.  Hj 
luui  hardly  yet,  notwitlistauding  the  liquor  imbibed  for  the  purpose  of  keep- 
ing' up  a  false  courage  in  the  eyes  of  his  fellows,  recovered  from  the  shock 
viiicli  his  guilty  conscience  and  craven  spirit  received  when  the  petition  above 
referred  to  was  presented  to  him  by  a  few  of  our  citizens.  One  moment 
longer,  ere  the  character  of  the  formidable  document  was  revealed  to  him, 
and  he  was  assured  that  it  was  not  the  mandate  of  '33,  Secretary,'  and  the 
murderer  would  have  fallen  from  fear.  The  public  have  the  satisfaction  of 
knowing  that  although  this  criminal  may  have  tlie  impudence  to  present  him- 
self at  the  next  session  of  congress,  their  unanimous  condemnatiou  of  liis  ileed  i 
has  been  spread  before  the  world,  anil  a  petition  will  be  piesented  to  the 
House  of  Representatives  that,  should  he  have  one  spark  of  shame  or  manli- 
ness left,  will  cause  him  to  shrink  into  his  former  obscurity,  with,  we  hope,  a 
determination  to  seek  some  honorable  livelihood  in  the  future.  We  under- 
stand that  this  double  murderer,  backed  by  a  few  of  his  chosen  friends  uf  dis- 
reputable character,  has  been  dogging  our  steps  for  the  purpose  of  assassinating 
i;s,  sliouhl  he  and  they  meet  with  a  favorable  opportunity.  Wo  warn  these 
parties,  some  of  whom  were  participators  with  McOowan  and  Ca.sey  in  tlio 
recent  murder  which  caused  such  an  upheaving  of  the  popular  will,  that  they 
;uv  all  marked.  As  for  us,  we  do  not  inten<l  to  sulFer  ourselves  to  be  provoked 
into  an  assault;  but  shall,  on  all  occasions,  be  prepared  to  resist  the  slightest 
lionii  lustration  of  an  attiick.  Should  we  in  the  tnvUe  be  overpovered  by  tiie 
number  of  the  hounds,  who  are  too  cowardly  to  hunt  other  than  in  a  })ack, 
V,  (■  fuel  assured  that  every  one  of  the  dastardly  ci'owd  will  be  speedily  sent  to 
;inswer  to  tluit  high  tribunal  where  the  souls  of  men  are  canvassed,  and  pun- 
ishment inflicted  according  to  the  deeds  done  in  the  body." 

As  late  as  March  1801,  the  Necada  Jounud  remarks : 

"  Phil  T.  Herbert,  the  Irishman-killer,  has  a  letter  of  his  published  in  the 
Mcsilla  'J'hiiiii,  calling  on  the  people  of  Arizona  to  call  a  cuuventiun  to  act 


568 


THE  CASE  OF  HERBERT-FEDERAL  FEOWXIXGS. 


•with  the  south  against  the  union.  Phil  says  he  will  probably  be  a  conu.iis- 
sioner  to  Arizona  and  Xew  Mexico,  from  the  'Sovereign  state  of  Texas,'  aiKl 
that  he  was  ojiposcd  to  referring  the  Texas  ordinance  of  secession  to  the  peo- 
ple, '  thinking  it  unnecessary,  and  crouching  to  the  demamls  of  our  enemies.' 
The  Timen  contains  a  call  in  accordance  with  the  suggestion  of  Pliil  Herlieit, 
signed  by  more  than  sixty  names,  half  of  whom  are  greasers  or  foreigners. 
Phil  Herbert  once  represented  the  democratic  party  of  this  state  in  congress.' 

The  28tli  of  July  a  resolution  passed  the  senate  iv- 
questiug  the  president  to  lay  before  that  body  any 
application  by  the  governor  of  California  to  maintain 
the  laws  and  peace  of  the  state  against  the  usui[)ed 
authoi'ity  of  an  organization  styling  itself  the  Com- 
mittee of  Vigilance,  and  also  any  information  lie  might 
obtain  as  to  the  proceedings  of  that  association.  In 
compliance  with  which  the  Gtli  of  August  the  pres- 
ident sent  a  message  to  the  senate  with  reports  from 
the  secretary  of  the  navy  and  the  secretary  of  state 
and  all  the  correspondence  in  their  possession  on  the 
subject,  including  the  letters  already  given  and  those 
which  follow. 

Among  the  most  important  are  those  from  Farragv.t 
and  Boutwell  to  Secretary  Dobbin  of  the  United 
States  navy  at  Washington,  before  alluded  to: 

"  N.WY  Yaiid,  M.\re  Island,  July  2,  1850. 

"  Sir:  I  had  the  honor  of  addressing  you,  by  the  last  mail,  on  the  .subjcol 
of  the  rovolutioa  iry  movement  in  this  country.  You  will  now  perceive,  by 
the  j(jurnald  of  the  <lay,  that  the  Vigilance  Committee  claim  it  to  be  a  .succes  .s- 
ful  revolution,  iniujnuich  as  they  have  completely  overp'iworcd  the  law  an  1 
order  p;irty,  tidvcu  the  few  arms,  with  our  oM  naval  store-keepei-,  Malone--, 
and  Judge  Terry,  of  the  supreme  court.  Although  you  have,  no  doubt,  seen 
the  various  accounts  in  the  papers,  I  deem  it  my  duty  to  give  you  my  account, 
as  a  disinterested  looker-on ;  for  tiic  community  is  at  this  time  in  such  a  st:ito 
of  excitement,  tliat  no  one  appears  to  see  more  than  one  side  of  the  aC'air. 
Every  one  foels  that  we  arc  on  a  volcano,  and  is  mentally  feeling  for  the  lir.-t 
sensation  of  explosion. 

"After  the  governor  ha<l  issued  his  proclamation  calling  out  the  militia, 
and  failed  to  obtain  arms  for  them  from  General  Wool  as  lie  supposeil  h^' 
wotdd,  General  Sherman  resigned  his  command  of  the  state  foi'ces,  and  Gen- 
eral Howard  was  appointed  his  successor.  He,  very  unwisely,  attempted  to 
organize  tlie  state  forces  in  the  city  of  San  Francisco,  where  the  vigilnnts  h;i'l 
six  thousand  men  under  arms,  with  artillery,  and  the  most  perfect  system  nt 
espionage.  Tlie  general's  next  movement  was  to  procure  a  few  stand  of  arms 
from  General  Vi'ool,  which  were  due  to  the  state  by  annual  distribution ;  they 


FARRAGUT'S  LETTER. 


were  delivered  to  one  of  General  Howard's  men,  Maloney,  who,  while  on  his 
way  to  San  Francisco  from  Benicia,  in  a  sail  vessel,  was  boarded  at  two  a.  m., 
captured,  and  the  same  were  taken  to  the  Vigilance  Committee  rooms.  Ma- 
loney and  his  party  were  released;  but  a  short  time  afterwards,  npitn  ieflec- 
tioii,  the  Committee  determined  to  re-arrest  Maloney,  for  reasons  best  known 
to  themselves,  .and  sent  a  police  guard  from  their  own  forces  after  liim.  By 
this  time  ho  had  reached  Dr  Ashe's  room,  where,  by  appointment,  he  was  to 
meet  the  general  and  make  his  report  as  to  the  resnilt  of  his  expedition.  He 
was  followed  thither  by  the  vigilants,  who,  on  entering  the  room,  reiiuested 
Maloney  to  accompany  them  to  the  Vigilance  Conunittce  rooms. 

"Midoney  asked  if  they  had  any  warrant  for  him,  and  being  answered  in 
tiie  negative,  he  declined  going ;  and  Dr  Ashe  and  Judge  Terrj',  wlio  were 
j)r('sent,  ordered  the  vigilance  police  out  of  the  room.  They  immediately 
went  for  reeuforcements,  and  the  party  in  the  room  set  out  for  the  armory,  or 
assembly  room  of  the  law  ami  order  party,  intending  to  resist  the  Vigilance 
Connnitteo  in  attempting  to  take  one  of  their  company,  as  Maloney  was  one 
of  the  militia  company  of  Aslie's  command  called  into  service  by  the  governor. 
Joined  by  some  eight  or  ten  others  while  retreating  toward  the  armory,  they 
■were  overtaken  by  the  vigilance  police  before  they  reached  the  room,  when 
Terry  and  Ashe  faced  about  and  told  them  to  stand  oft";  tliey  rushed  on,  how- 
ever, and  attempted  to  wrest  Judge  Terry's  gun  from  his  hands,  saying  that 
they  would  take  him  and  his  gun  too.  The  struggle  became  lierce  between 
the  vigilants  and  Terry  and  Aslie,  until  at  last  a  pistol  was  fired;  Dr  Asho 
and  others  say  it  was  fired  by  one  of  the  vigilants  at  Terry,  but  their  party 
say  it  was  fired  by  accident,  but  it  is  evident  they  thought  it  was  iired  at 
them,  the  ball  passing  between  them.  At  this  moment  Terry  drew  his  bowie- 
knife  with  his  left  hand  and  struck  Hopkins,  one  of  the  vigilance  police,  who 
had  hold  of  him,  on  the  neck;  whereupon  the  police  fled,  and  the  law  and 
order  party  made  good  their  retreat  to  the  armory,  where,  in  a  few  minutes 
after  the  tsip  of  the  bell  on  the  roof  of  the  Vigilance  Connnitteo  buildings,  they 
weie  surrounded  by  three  or  four  thousand  men,  armed  with  muokets  anil 
cannon. 

"There  were  but  sixteen  men  inside  of  the  armory,  all  of  w^hom  were  will- 
ing to  dio  there  and  then,  but  Judge  Terry  said,  'Xo,  it  was  his  life  the  vigi- 
lants wanted,  and  that  his  friends  should  not  be  sacrificed  for  him;'  so  they 
isurrendercd  and  were  conveyed  to  the  Vigilance  Connnitteo  rooms.  The  next 
ilay  all  but  Judge  Terry  and  Maloney  were  released  upon  parole.  Connnander 
Boutwell  wrote  a  letter  as  soon  as  he  heard  that  Dr  Ashe  was  confined,  to  the 
Comniittee,  and  he  was  released  upon  parole.  These  are  the  facts,  as  far  as  I 
liave  been  able  to  learu  them  from  t'.'i  most  disinti;rested  persons. 

"Nov  ,  >  Vigilance  Committee  claim  that,  if  Hopkins  dies.  Judge  Terry 
shall  be  hanged,  as  guilty  of  murder ;  and  as  Judge  Terry's  friends  are  very  nu- 
merous, and  are  generally  warm-hearted,  impulsive  men,  if  this  man  Hopkins 
dies,  and  Terry  bo  hanged,  there  is  no  predicting  the  result.  They  are  now 
,';motliering  their  feelings  for  the  pui-poscof  endeavoring  to  save  Ju<lgo  'J"(  rry's 
life,  for  on  the  first  hostile  movement  tliey  will  take  his  life;  ic  is  so  under- 
stooil.  There  is  very  little  doubt  but  that  the  Coninfittee  is  anxious  tluit  liop» 
luns  may  live,  and  that  they  regret  the  whole  a.^air;  for  up  to  the  tiuu  of 


670         THE  CASE  OF  HERBERT-FEDERAL  FRO^VNINGS. 

Terry's  arrest  the  Committee  were  sanctioned  by  an  overwhelming  majoi  Ity. 
Now,  I  think,  they  are  aware  they  have  caused  a  division  in  public  ojnuiou, 
and  people  are  beginning  to  come  to  their  sober  senses,  and  will  not  be  willing 
to  Ije  longer  governed  by  they  know  not  whom.  I  have  bec^n  in  revolutioiuiry 
countries,  and  I  could  always  find  some  one  in  authority;  but  here,  altlidugh 
they  are  in  correspondence  wjth  me,  I  know  no  one,  except  the  bearer  ol  tlii.ir 
letters,  and  should  have  tliought  them  to  be  mere  messengers  lind  they  nut 
told  nie  they  were  members  of  the  executive  committee ;  therefore,  in  my  re- 
plies, I  addressed  my  letters  to  them,  and  not  to  'No.  33,  Secretary,'  wIkuu  I 
did  not  know.  There  is  a  great  eflbrt  made  on  both  sides,  to  mix  us  up  in  these 
matters,  but  aa  I  know  the  tenderness  with  which  the  general  governiiu  nt 
touches  the  subject,  I  have  told  them  that  I  shall  do  nothing  without  orders ; 
but  my  views  on  the  subject  would  be  sufficiently  explained  l*y  my  letters  to 
Commander  Boutwell  and  Messrs  Farwell  and  Chase,  of  the  executive  com- 
mittee, without  troubling  you  with  a  repetition  of  them. 

"That  the  governor  has  acted  unwisely  from  the  beginning,  there  is 
scarcely  a  doubt ;  that  he  could  not  have  done  anything  but  call  the  ftgislutiire 
together,  or  appeal  to  f'n  executive  of  the  United  States,  is  equally  clear  to 
me;  and  it  seems  to  me  that  was  what  he  should  have  done,  as  lie  had  neither 
arms,  ammunition,  nor  supporters.  After  having  surrendered  the  prisoners, 
Casey  and  Cora,  in  the  beginning  of  the  outbreak,  or  virtually  sanctioning  it, 
and  thu'3  giving  satisfactory  evidence  of  his  weakness,  his  proclamation  should 
havt  ijeen  conciliatory,  and  not,  as  it  was,  belligerent;  and,  as  it  was,  should 
not  Lave  allowed  his  forces  to  be  concentrated  in  the  enemy's  camp. 

"  These  are  my  humble  views  of  the  conduct  of  the  governor  and  his  gen- 
eral of  militia;  all  of  which  is  respectfully  submitted  for  your  considerutiou, 
with  the  hope  that  my  course  in  the  affair  may  meet  with  your  approbation. 

"I  am,  sir,  very  respectfully,  your  obedient  servant, 

"D.  G.  Farragut,  Commandant." 


"United  States  Ship  'John  Adams,'  \ 

Oflf  San  Francisco,  Cal.,  July  3,  1850.  J 

"  Sir  :  After  going  up  to  the  navy-yard  at  Mare  Island,  in  this  ship,  Go  verm  ir 
Johnson,  of  California,  visited  the  navy-yard  with  a  view  of  ascertaining  if 
Captain  E'arragut  was  authorized  to  afford  him  any  assistance  in  suppress- 
ing the  i-evolutionary  movement  in  San  Francisco.  Captain  Farragut  and 
myself  concluded  that,  under  the  circumstances,  authority  nmst  be  received 
from  the  Navy  Department  before  we  could  act.  Some  days  after  my  return 
in  the  John  Adams  to  the  anchorage  off  this  city,  I  was  informed  on  the  night 
of  Saturday,  the  21st  of  Jnnc,  that  tiie  navy  agent,  Dr  Ashe,  hail  been  arrestt-d 
by  the  order  of  the  Vigihince  Committee.  I  wrote  a  letter  that  night,  ad- 
dressed it  to  the  Vigilance  ("ommittee,  and  sent  it  the  next  day  by  an  officer 
of  the  ship ;  and  very  soon  after  Dr  Ashe  was  set  at  liberty.  A  copy  of  my 
letter  and  the  answer  are  herewith  enclosed.  At  the  time  the  insurgents  iii- 
rested  Dr  Ashe,  they  also  arrested  Judge  Terry  of  the  supreme  court  ot 
California,  which  greatly  increased  the  excitement  in  the  city.  Judge  Terry 
and  several  other  gentlemen  were  attacked  in  the  street  by  a  party  of  the 


FURTHER  CORRESPONDENCE. 


571 


vi'iilance  police,  anil  after  the  judge  hatl  wounded  a  man  l)y  the  name  of 
]|i>pldn8,  of  the  insurgent  party,  tlie  judge  and  his  friends  rctreuti-d  to  the 
a:uiory  of  tlie  Blues.  Tins  buililiug  was  very  soon  surrounded  by  hundreds 
it  urniud  men,  witli  tield-pieces  to  batter  down  the  walls  of  the  Iniilding. 
'J  lie  insurgents  having  demanded  an  unconditional  surrender,  the  law  and 
( -.ikT  party  surrendered,  and  was  marched  of!"  in  triumph  to  the  prison  of  the 
\  iyihmce  Committee.  On  the  27tli  ult.  it  was  believed  that  the  wounded 
iiiiiii  was  improving,  and  on  the  same  day  I  received  a  communication  from 
till'  governor  of  the  state,  a  copy  of  which,  with  my  answer,  is  herewith  en- 
closed. Als<\  a  communication  from  Judge  Terry  himself,  claiming  my  pro- 
tection. The  appeals  of  his  distressed  wife,  and  the  fact  that  Judge  Teny 
iiited  ill  self-defence,  would  have  almost  induced  me  to  batter  the  city  dowii, 
ii  1  could  liave  done  so  witliout  destroying  the  lives  and  property  of  the  inno- 
cent witli  the'guilty. 

"  On  the  evening  of  the  28th,  and  after  I  had  written  the  answer  to  Gov- 
ernor Jolmson's  official  communication,  I  learned  that  the  wounded  man  was 
getting  worse,  and  supposed  to  be  dying.  I  addressed  a  communication  to 
the  \'igilance  Committee,  a  copy  of  M'liich  is  enclosed,  and  wliich  1  supiwsed 
t\ijul(l  awaken  them  to  the  awful  resiK)nsibility  they  were  about  to  assume, 
ill  taking  the  life  of  u  judge  of  the  supreme  court,  an  honorable  man,  au 
American  citizen,  and  without  giving  him  a  fair  trial. 

"The  Vigilance  Committee  referred  my  corresiwndence  to  Captain  Farra- 
gut,  and  as  he  is  senior  to  me,  I  shall  leave  it  in  his  hands.  A  copy  of  the 
iipjilication  of  the  United  States  marslial  to  place  a  prisoner  on  board  my  sliip, 
i.5  also  enclosed. 

"  I  am,  respectfully,  your  obedient  servant, 

"E.  B.  BouTWELL,  Commander." 

In  reply  the  following  instructions  of  the  Navy 
I)e|)artment  to  the  Pacific  Squadron  were  directed 
to  William  Mervine,  commanding,  or  to  the  senior 
naval  officer  on  duty : 

"Navy  Department,  August  2,  1856. 
"Sir:  This  Department  has  received  despatches  from  Captain  Farragut 
iiud  Commander  Boutwell,  covering  a  correspondence  between  these  two  offi- 
cers, and  between  them  and  certaui  persons  in  San  Francisco  styling  tliem- 
.-elvcs  a  Committee  of  Vigilance.  Tlie  facts  developed  by  these  desiwtches. 
Hi  well  as  the  daily  events  occurring  in  San  Francisco,  disclose  a  state  of  af- 
fiiii'H  not  only  calculate  I  to  awaken  solicitude  and  occasion  alarm  among  all 
law-abiding  citizens,  but  also  calling  for  the  exercise  of  extraordinary  circum- 
s;iectiou  and  wise  discretion  on  the  part  of  those  who  have  duties  to  perform 
as  officers  of  the  United  States.  Fortunately  in  our  happy  comitry  we  have 
a  written  constitution  and  laws  for  the  guidance  of  all  who  are  intrusted  with 
authority,  so  that  the  vigilant  and  discreet  otticer  may  confidently  expect  the 
ap[)robation  of  his  government  while  he  steadily  treads  thn  path  therein 
nmrked  out  for  him.  However  much  the  president  may  be  shocked  at  the 
apparent  rebellious  attitude  of  the  people  towards  the  government  of  their 


m 


m 


THE  CASE  OF  HERBERT-FEDERAL  FROWNINGS. 


state,  however  strong  may  bo  his  conviction  that  it  is  a  case  of  clomcslio  in- 
Burrection,  yet  ho  lias  no  authority  of  liis  own  mere  volition  to  order  tiiu  in- 
terpoaition  of  the  army  and  navy,  and  cannot  exercise  that  power  except  in 
strict  accordance  with  the  constitution,  and  until  certain  forms  pointed  nut 
by  statute  have  been  duly  complied  with  by  the  authorities  of  that  stiite. 
Nor  can  the  ollicers  in  command  of  naval  forces  interpose  on  tlie  requisitidn 
of  the  governor  or  other  high  functionaries  of  one  of  tlio  states,  except  in  pur- 
suance of  orders  received  from  the  executive  department  of  the  Uniteil 
States.  The  machinery  of  our  government  is  simple  yet  complex.  'J'liu 
powers  delegated  to  it  are  well  defined  and  limited.  A  strict  observance  of 
them  within  their  prescribed  limitations  and  restrictions  can  alone  save  (nu- 
union  from  the  dangers  which  would  inevitably  imperil  it  in  the  event  of  a 
rasli  conflict  between  the  federal  and  state  governments.  Before  intcrferiiij,' 
with  tlie  domestic  troubles  in  California,  you  will  await  the  orders  of  yoiu- 
government.  But  duties  of  a  somewhat  different  character  may  devolve  upon 
you,  and  events  may  possibly  occur  requiring  your  interposition.  The  laws 
of  the  federal  government  must  be  sustamed  and  its  property  protected  from 
violence. 

"The  extraordinary  state  of  affairs  in  California  can  hardly  be  understnoil 
at  this  remote  point,  |,articularly  when  the  accounts  are  conflicting.  Stiite- 
ments  in  the  press,  emaiiatlag  from  eminent  and  well  knowu  citizens,  intiniute 
very  strongly  that  this  incomprehensible  movement  is  not  to  end  with  what 
was  avowed  to  be  its  original  purpose,  but  that  graver  and  more  alaniiiiij,' 
events  arc  contemplated.  The  president  indulges  a  hope  and  belief  that  hikIi 
conclusions  arc  without  substimtial  foundation.  Still,  he  considers  it  wise, 
imder  the  cii-eunistances,  to  be  prepared  for  emergencies.  You  will,  therefoi-e, 
have  cither  at  Mare  Island  or  Sau  Francisco  two  or  three  national  vessels,  aiiil 
rctaiu  tlieiu  luitil  the  insurrectionary  jnovements  at  San  Francisco  shall  cease. 
One  of  them,  if  pi-acticable,  should  be  a  steamer.  You  will,  however,  not  order 
the  St.  Mdn/a  from  her  present  position  unless  you  find  it  indispensable  fur 
the  successful  execution  of  these  orders,  and  unless  her  presence  is  not  needed 
at  Panama  f(jr  the  protection  of  citizens. 

"The  present  object  is  the  protection  of  the  public  property  and  officers  of 
the  federal  government,  nothing  more.  Should  you  be  advised  by  the  collector 
of  customs,  tlie  superintendent  of  the  mint,  or  judicial  officers  of  the  United 
States  in  tlie  discharge  of  their  duties,  the  sub-trciisurer,  or  any  of  the  public 
functionaries  of  the  United  States,  that  the  public  projierty  is  in  danger,  or 
that  they  are  molested  in  the  discharge  of  their  duty,  you  will  take  judicious 
but  firm  steps  to  afford  prompt  protection  both  to  the  public  property  and 
the  officers. 

"You  will  furnish  a  copy  of  this  dispatch  to  the  commanding  officer  of 
every  man-of-war  on  the  station. 

"  I  am,  respectfully,  your  obedient  8er\'ant, 

"J.  C.  Dobbin." 

The  question  eamc  up  for  discussion  in  the  United 


States  senate  the 


21)th  of  AucfUfc 


when  !Mr  Houston 


UNEN\'IABLE  WELLER. 


573 


presented  a  memorial  from  the  legislature  of  Texas, 
piaying  federal  interference.  Bell  of  Tennessee  be- 
lieved but  for  Terry's  rash  and  quarrelsome  nature, 
which  embroiled  him  in  these  disputes,  the  Vigilance 
Committee  would  have  long  since  disbanded.  Ho 
further  stated  that  neither  party  interests  nor  disloyal 
sentiments  were  involved  in  this  organization.  Weller 
of  California  disagreed  with  Senator  Bell,  and  inti- 
mated that  it  was  a  movement  preliminary  to  open 
secession.  It  would  give  him  the  greatest  pleasure  to 
be  able  to  say  that  his  constituents,  all  of  them,  were 
loyal  to  the  government,  but  he  could  not  claim  for 
them  that  honor. 

Senator  Weller  did  not  relish  placing  himself  in 
open  opposition  to  so  large  a  body  of  his  constituents 
as  the  Vigilance  Committee,  with  its  thirty  thousand 
and  more  advocates  throughout  the  state.  On  the 
other  side,  his  party — for  he  was  of  the  band  of  law- 
loss  disorder,  a  supporter  of  Herbert,  the  murderer, 
and  a  man  of  chivalry — urged  him  to  action  in  the 
senate.  So  Weller  induced  Senator  Pugh  to  intro- 
duce a  resolution  of  inquiry  of  the  president  wJiich 
sliould  call  forth  some  sentiment  of  sympathy  for  the 
law  and  order  party.  The  trick  was  very  transparent. 
When  California  had  senators  of  her  own,  what  special 
interest  was  it  to  the  senator  from  Ohio?  And  all 
California  sneered,  and  said — pugh ! 

By  the  steamer  John  L.  Stephens,  arriving  Septem- 
ber 30th,  came  the  news  that  President  Pierce  had  at 
length  responded  to  the  requisition  by  sending  orders 
to  the  commanders  of  the  military  and  naval  forces  on 
the  Pacific  to  afford  the  governor  of  California  the  aid 
lequired  to  suppress  the  insurrection  of  San  Francisco. 
It  will  be  noticed  that  these  instructions  were  not  sent 
until  intelligence  had  reached  Washington  which 
rendered  it  pretty  safe  to  conclude  that  the  Com- 
mittee would  be  disbanded  before  resort  to  arms  could 
be  had  at  San  Francisco. 

But  this  does  not  justify  the  president  in  his  petty 


I 


THE  CASE  OF  HERBERT-FEDERAL  FROWXIXGS. 


subterfuge.  Either  he  should  have  sent  aid  promptly 
or  he  should  not  have  sent  it  at  all.  There  had  hetii 
no  meeting  of  the  legislature  in  the  mean  time,  no  re- 
quest. All  the  United  States  troops  then  on  the 
coast  and  the  law  and  order  party  combined  could  not 
have  put  down  the  San  Francisco  merchants.  Tlui 
whole  state  would  have  rushed  to  their  rescue.  These 
derringer  demagogues  and  bowie-knife  magistrates 
might  l,\ave  precipitated  a  bloody  war,  but  until  they 
received  further  assistance  they  would  have  met  only 
with  defeat. 


CHAPTER  XXXIV. 


TEE  GOVERNOR'S  WITHDRAWAL  OF  HIS  PROCLAAIATION  AND 

MESSAGE. 

Even  a  fool,  when  he  holdeth  hii  peace,  is  accounted  wise. 

Prow.rhs. 

Out  of  pure  obstinacy,  and  in  order  to  reward  the 
fanaticism  of  his  journalistic  friends,  the  g'overnor 
kept  in  the  public  prints  his  proclamation  declaring 
the  city  of  San  Francisco  in  a  state  of  insurrection, 
long  after  the  Committee  had  disbanded.  It  was  of 
no  avail  the  people  complained  of  the  expense.  The 
temptation  was  too  great;  next  to  being  a  great 
tyrant  his  pleasure  seemed  to  consist  in  being  a  little 
tyrant.  Besides  rewarding  Nugent — for  as  a  matter 
of  course  the  proclamation  was  printed  in  the  Ilcr- 
ald — doubtless  he  tnought  it  might  affect  elections, 
might  possibly  invalidate  the  claim  of  successful  state 
or  federal  candidates  to  hold  office.  But  in  this  he 
was  mistaken,  for  legislative  bodies  judge  for  them- 
selves of  the  legality  of  the  election  of  their  mem- 
bers. It  may  be  he  thought  to  tranmiel  municipal 
powers;  but  there  again  he  was  at  fault,  for  seldom  is 
a  municipal  election  declared  null  through  any  little 
informality.  Besides,  San  Francisco  could  rule  her- 
self, and  the  governor,  too,  for  that  matter,  as  none 
knew  better  than  he.  Indeed  his  proclamation  was 
nullified  by  the  sense  of  the  people  as  soon  as  it  was 
])romulgated;  it  was  immediately  placed  under  foot 
by  public  opinion  and  there  remained  a  dead  letter. 

It  is  the  trap  the  fox  complains  of,  not  himself. 
The  reasons  given  by  the  governor  for  not  withdraw- 

(675) 


670 


THE  GOVERNOU.S  PROCLAMATION  WITHDRAWN. 


1 


iii«j  tlio  i)roflrtnuitl(>n  were  tliat  the  Coniniitteo  sMI] 
held  ai'iiis  hL;l()iJiriii<^^  to  the  stati.'  which  tlicy  i-cil'iiscd 
to  (li'liver  up,  and  also  that  trouhlu  was  Ijivwiiij^  in 
the  mutter  of  the  sluicvalty  of  Sail  Francisco.  The 
office  of  sheriff  had  heeii  declared  vacant  by  the  hoard 
of  siijuTvisors  in  consequence  of  the  failure  of  Scitii- 
nell,  tlie  incumbent,  to  renew  liis  bail-bond  of  inw. 
hundred  thousand  dt)llars,  made  worthless  by  the  i'ail- 
ure  of  Palmer,  Cook,  and  Compan}'.  Should  Mar- 
shal Doane,  then  a  candidate  for  the  office,  be  electctl, 
as  there  was  no  doubt  he  would  be,  it  was  said  that  Im 
would  seize  the  office  by  force  of  arms  if  ho  couM 
obtain  })ossession  of  it  in  no  other  wa}'.  The  only 
real  manifestation  of  the  prochimation's  presence  in 
San  Francisco  from  the  beginning  was  the  adjoui'n- 
nient  of  the  district  and  superior  courts  from  the 
Thur-sday  after  the  city  was  dechired  in  a  state  of  in- 
surrection till  the  followinj?  Monday. 

Johnson  had  arrived  at  that  state  apparently,  v/hcn 
he  was  amljitious  of  popular  condemnation.  "  The 
delay  of  this  least  executive  of  executives,"  says  the 
Bulletin  of  the  8th  of  October,  1850,  ''this  governess 
among  governors,  to  withdraw  his  insolvent  proclama- 
tion declaring  our  city  in  a  state  of  insurrection,  gives 
strength  to  the  probability  of  its  being  his  intention 
to  allow  himself  to  be  used  as  the  tool  of  the  law  antl 
nmrder  faction,  in  depriving  us  of  a  voice  in  the  for- 
mation of  our  government." 

This  constant  gnawing  at  the  file  was  wearing  the 
governor's  teeth  away.  Having  arrived  at  the  con- 
clusion that  a  continuance  of  the  proclamation  over 
election-day  ^vould  do  his  friends  more  harm  than  his 
enemies,  the  governor  determined  to  withdraw '  it. 
But  first  he  ust  get  the  arms  if  possible;  he  would 
make  the  Co  mittce  knuckle  to  him  in  something  if 
he  could.  So  \e  intimated  to  INIr  W.  C.  Jewett  that 
if  the  Conmii  .,ee  \vould  deliver  up  the  arms  before 
election-day  1  ;  would  withdraw  the  proclamation, 
but  this  the  Committee  at  first  declined  to  do.    They 


THE  DOCUMENT. 


877 


would  give  up  the  nrnis,  they  did  not  want  them,  had 
never  needed  them,  and  never  intended  to  keep  tliein. 
Hut  they  would  do  nothing  whieh  might  ai)pciir  the 
result  of  coercion  or  policy.  The  governor  luid  issued 
liis  proclamation  in  opposition  to  the  wishes  ^>t'  the 
wisest;  let  him  withdraw  it  when  he  pleased. 

But  the  Connnittee  soon  thought  better  of  it.  It 
was  a  matter  after  all  not  worth  quarrelling  about; 
their  friends  advised  it  and  thev  did  it.  The  j'overnor 
was  making  it  a  pretext,  it  was  said,  to  continue  his 
anathema  in  force,  and  they  wisely  concluded  that 
tlicy  would  give  it  him  no  longer.  These  were  the 
anus  captured  by  Durkee  from  Maloney.  The  -Sd  of 
X(»vcmber  they  were  delivered  to  General  Kibbo,  their 
legal  custodian.  Kibbe  telegraphed  the  governor  that 
tliey  were  in  his  posse.«"ion,  and  the  governor  replied 
that  his  proclamation  would  be  withdrawn  within  au 
hour.  It  was  done;  and  being  the  day  before  election 
the  governor  was  glad.  It  was  the  loop-hole  for  which 
lie  had  long  been  looking. 

These  are  the  words  of  it: 

"Executive  Department,  ) 

Sacramento  City,  Cal.,  Novemlxjr  3,  IS-lfi.  f 

"Whereas,  on  the  2d  day  of  June  185G,  satisfactory  information  having 
Ih'cti  received  ly  me,  that  combinations  for  the  purpose  of  resisting  the  exe- 
(iitidu  of  legal  process  by  force,  existed  in  the  county  of  San  Francisco,  in 
this  state,  and  that  an  unlawful  organization,  styling  themselves  tlie  Vigilance 
< 'niiiinittee,  had  resisted  by  force  the  execution  of  criminal  process,  and  the 
[iiiwurof  said  coimty  had  been  exhausted,  and  was  not  sulficient  to  enable  the 
shi'iilF  of  said  county  to  execute  said  process:  I  did,  in  perfonnance  of  my 
iliity  and  the  exercise  of  the  poM'er  and  authority  vested  in  me  by  the  consti- 
tuti(jii  and  laws,  as  the  governor  of  the  state  of  California,  on  the  aforesaid 
ilay,  issue  a  proclamation  declaring  the  said  county  of  San  Trancisco  in  a 
statu  of  insurrection ;  and  whereas,  I  have  this  day  received  satisfactory  in- 
tDiiiiation  that  the  causes  which  required  the  issuance  of  the  same  no  longer 
L'.Niit,  I  do  therefore  revoke  and  withdraw  the  said  proclamation. 

"J.  Neely  Johnson." 

In  his  message  of  January  7,  1857,  to  the  legisla- 
ture of  California,  the  governor  reviews  his  entire 
course;  and  although  it  is  only  a  somewhat  tiresome 
repetition  of  what  has  already  been  said,  in  order  to 

Fop,  Tbib.,  Vol.  II.    HI 


578        THE  GOVERNOR'S  PROCLAMATION  ^VITHDRA\VN. 

give  him  a  fair  opportunity  to  speak  for  himself,  and 
that  the  reader  may  hear  him  at  his  best,  I  make  room 
for  it.  It  may  be  that  I  am  prejudiced  in  my  views 
of  his  character  and  motives;  if  so,  the  reader  \\i\\ 
judge  for  himself 

"Since  the  adjournment  of  the  last  session  of  the  legislature,  events  have 
transpireil,  whicli,  from  their  extraordinary  character  and  disastrous  coiisc- 
<Hiciices,  must  constitute  an  epoch  in  the  history  of  the  state ;  events,  from 
tile  very  contemplation  wliereof  the  lovers  of  good  order  and  constitutioiiul 
supremacy  must  turn  with  mingleil  feelings  of  sadness  and  regret.  On  the 
ICtli  of  May  last,  serious  apprehensions  then  existing  that  a  forcildo  attempt 
would  be  made  to  wrest  from  the  custody  of  the  law  a  prisoner  confined  in 
the  jail  of  San  Francisco  on  a  criminal  charge,  in  compliance  witli  a  re(|UL'st 
from  tlie  mayor  of  that  city  I  proceeded  thither,  earnestly  lioping  that  I 
miglit  be  serviceable  in  allaying  tiie  prevailing  excitement,  and  inducing 
obedience  to  the  mandates  of  the  law.  Upon  my  arrival  1  learned  that  a 
numerous  bodj  ■  ?  citizens,  under  the  name  of  tlio  Vigilance  Committee,  was 
secretly  organizing  for  the  purpose  of  rescuing  tlie  prisoner  and  inflictin;,'  (in 
liim  srnnmary  punishment.  Conscious  that  it  was  my  duty,  as  executive  (if 
tlie  stiite,  to  leave  unemployed  no  lionorahle  means  of  securing  submission  to 
tlie  law,  and  averting  a  calamity  so  deplorable  as  the  collision  wliicli  was 
threatened,  I  proceeded  in  company  with  several  citizens  to  tlie  place  where 
tliis  ( "ommtitee  liad  assenil)led,  and  announced  it  as  my  purpose  to  communi- 
cate with  them,  or  any  person  authorized  to  represent  them.  One  of  tlio 
( 'omiiiittee  thereupon  presented  himself,  whose  character  and  position  justi- 
fied implicit  conlidence  in  tlie  statement  which  he  made  of  authority  to  spuaii 
ill  their  behalf,  which  a'surance  on  his  part  has  been  strengthened  by  tlio 
conspicuous  station  he  subseiiuently  occupied  as  their  president. 

"During  tlie  interview  whicli  ensued,  it  was  distinctly  stated  that  the  oh- 
ject  of  this  Conunittee  was  not  to  violate  the  law,  or  resist  its  legalized  autluu'- 
ities,  but  ratlier  toaid  tlie  ofhcers  of  justice  in  preventing  the  escape  or  res(.'iii! 
of  the  prisoner;  and  that  tliey  did  not  contemplate  his  puuislimeiit  by  tai^iriL; 
the  law  in  their  own  Iiands.  So  loyal  were  tlie  sentiments  expre.ssed,  and  sm 
jiositive  the  declarations  made,  of  tlieir  designed  obedience  to  law  and  tlie 
legitimate  autlioi  ity,  that  I  could  n(jt  either  disbelieve  or  doubt  tliem.  ( tn 
tiie  faitli  of  these  assurances,  arrangements  were  tlien  made  whicli  it  was  an- 
ticipated M'ould,  whilst  tending  to  secure  the  prisoner,  also  serve  to  calm  tliL' 
popular  excitement  and  vindicate  the  majesty  of  the  law.  These  antiiiiw- 
tioiis,  however,  were  but  brief  in  their  duration,  and  scarce  a  day  had  pasM d 
ere  this  delusion  was  apparent.  The  numbers  of  the  Committee  iiiu!t'p'.:i'l 
from  day  to  day,  and  incited  by  the  appeals  of  an  incendiary  press  to  dcciis 
of  violence  soon  the  rally-cry  was  '  Death  to  the  prisoner ! '  The  military,  m- 
gani/.ed  under  authority  of  the  state,  with  a  few  noble  exceptions  ingAii  iously 
deserted  the  post  of  honor  and  of  duty,  and  either  abandoned  their  aims  t'l 
the  state,  or  yet  less  honorably  carried  them  into  the  ranks  of  the  Vigilan'T 
Committee.    An  inconsiderable  number  of  the  military  officers  sought  to  >  -- 


THE  GOVERNOR'S  MESSAGE. 


579 


capo  the  responsibility  of  the  soleinii  oatli  they  liad  assumed,  by  a  proffered 
resignation  of  tlieir  commissions,  whilst  others  wliolly  dispensed  with  this 
formality,  and  swelled  the  ranks  of  tlioso  wlio  were  defying  tiie  constitution 
iiiul  the  laws  which  they  had  sworn  to  honor  and  maintain.  In  vain  the  au- 
thority of  the  sheriff  was  strenuously  exercised  to  protect  the  jail.  His 
orders  were  disregarded  and  defiance  hurled  in  his  face  by  those  wljo  worn 
summoned  to  this  duty,  whilst  the  defection  in  the  military  ranks  left  but  a 
iiuagre  dependence  on  their  aid.  Thus  situated,  witli  but  a  handful  of  gallaat 
men,  ready,  if  need  be,  to  imperil  their  lives  in  the  performance  of  duty,  ap- 
jirciached  as  ho  waa  liy  thousands  of  armed  men,  who  from  the  position  irf  tlie 
prison,  held  complete  command,  it  became  evident  that  resistance  in-,  olved  the 
< leatrnction  of  the  guard,  without  securing  the  «ifety  of  the  prisoners,  and  ho 
^Mls  therefore  reluctantly  compelled  to  yield  to  tlie  infuriated  nmltitude  tlio 
victim  whom  they  sought,  and  yet  another  inmate  of  tlie  prison.  A  few  days 
later,  juid  the  utter  disregard  of  the  civil  authorities  which  this  (,'onunittee  ex- 
hiljited  was  more  openly  avowed  and  manifested  by  the  execution  of  both  the 
jiiisoiiers  whom  they  had  seized.  Neither  did  their  unlawful  proceedings  find 
lieie  cessation.  So  alarmingly  increased  was  their  assumption  of  power  and 
resistance  of  the  law,  that  at  length  on  the  third  day  of  June  I  was  notili(!d 
liy  the  sheriff  of  the  county  that  criminal  process  in  his  hand  had  been  foiviiily 
resisted  and  the  power  of  the  county  was  not  sufficient  to  enforce  it,  and  re- 
ijiiested  to  invoke  the  military  power  of  the  state  to  his  aid. 

' '  On  tlio  same  day  I  issued  a  proclamation  declariug  the  city  and  comity 
of  San  Francisco  in  a  state  of  insurrection,  under  the  provisions  of  section  4S 
111'  'An  Act  to  regulate  proceedings  in  criminal  cases,' passed  May  1,  KS.")!, 
wliieh  reads  as  follows:  'Section  48.  AVhen  the  governor  shall  be  natistied 
tiiat  tlie  execution  of  civil  and  criminal  process  has  been  forcibly  resisted  in 
iiny  county,  by  bodies  of  armed  men,  or  iliat  combinations  to  resist  the  exe- 
eiition  of  process  by  force  exist  in  any  county,  and  that  tlie  ijower  of  th'! 
cuuiity  has  been  exerted,  and  has  not  been  sufficient  to  enable  the  otlioer 
liuving  tlie  process  to  execute  it,  ho  may,  on  the  application  of  the  oHiccr  or 
ot'  the  district  attorney,  or  county  judge  of  the  county,  by  proclamation,  to 
liv  published  in  such  newspaper  lus  he  shal'  direct,  declare  the  county  to  be  in 
ii  .state  of  insurrection,  and  may  order  into  tlie  service  of  the  sfcitc  sueh 
luiniber  and  descrij)tioii  of  \()lunttier  or  uniform  companies,  or  other  militia 
lit  the  state,  as  ho  sliall  Iceiii  lu.cossary,  to  .serve  for  such  term  and  under 
llie  ciiminand  (jf  such  othcer  or  ullicers  as  he  shall  direct.' 

"Thus  it  will  be  sjen  by  the  law  just  quoted,  and  the  demand  made  l)y 
the  siieriir,  that  my  duty  in  the  easu  was  plainly  indicated,  .and  tiie  issii- 
.im-e  of  tiie  proclamation,  under  tlie  exi.stiiig  eircuinstances,  was  imperatively 
ileiMandcd  at  my  hane's.  In  conse.|uonce  of  the  limited  supply  in  tlie  state 
iniuiiry,  the  want  of  arms  wherewitli  to  render  cfTcctivc  a  military  foree  hud 
;i  heady  lieen  foreseen,  and  anlicipatin.L;  the  jirobable  necessity  of  siuli  a  forer,  1 
iiail  a  personal  interview  with  the  commander  of  the  United  States  military  of 
till'  racilic  division,  (ieneral  Wool,  on  the  lilstof  May,  and  procured  his  prom- 
ise to  furnish  on  my  requisition,  sueh  arms  and  ammunition  as  I  might  reiiuire, 
si>  soon  as  1  issued  a  proclamation  of  insurrection.  In  accordance  with  sueh 
understanding,  application  was  'oade  to  that  officer  immediately  after  the 


m 


i 


iU 


(I  I 

iii 


680        THE  GOVERNOR'S  PROCLAMATION  WITIIDRA^\N. 

proclamation  had  been  issued,  and  also  at  a  later  period,  both  of  which  ap- 
plications, for  reasons  to  himself  best  understood,  were  peremptorily  rcfuscil, 
and  the  only  arms  obtained  from  that  source  were  a  small  number  of  rauskot.s, 
to  which  the  state  was  entitled,  under  the  act  of  Congress  providing  for  a 
general  distribution  of  arms. 

"In  the  mean  while  the  existence  of  the  Vigilance  Committee  continuiil, 
and  assumed  the  character  of  a  permanent  organization,  which  designed  not 
only  to  usurp  the  control  of  legal  authority  in  San  Francisco,  but,  as  indi- 
cated by  the  tone  of  the  press  under  its  special  patronage,  the  inflammatory  ad- 
dresses of  its  speakers,  and  tlie  repeated  acts  of  aggression  against  the  nid-t 
sacred  constitutional  rights  of  the  citizen,  aimed  also  to  extend  its  jwwer  tu 
the  subversion  of  the  state  authority ;  and,  if  federal  inten-ention  soon  ensue, 
the  establishment  of  a  government  entirely  independent  of  the  union.  In 
this  alarming  condition  of  affairs,  I  deemed  the  aid  of  the  general  govern- 
ment necessary  to  our  protection,  so  far  at  least  as  rendering  assistance  in 
iirms  and  ammunition  was  concerned.  To  convene  the  legislature  in  extra 
session  would  involve  an  expenditure  which  the  condition  of  our  financiid 
affairs  could  ill  afford ;  and  furthermore,  the  time  consumed  in  assembling 
that  body  and  the  adoption  of  the  necessary  measures  might  result  in  the 
iicoomplishnient  of  the  very  evil  it  was  mj'  purpose  to  arrest,  iloreovci',  I 
dill  not  deem  it  necessary  that  application  shoidd  be  made  liy  tlio  legislature 
for  such  aid  as  the  state  required,  at  least  in  arms  and  ammunition,  but  sup- 
l)osed  that  the  president,  on  the  I'equest  of  the  executive  of  the  state,  )i;id 
ample  power  to  direct  the  issuance  of  arms  and  ammunition.  Entertainini; 
these  views,  I  addressed,  on  the  19th  of  June,  a  communication  to  the  presi- 
dent of  the  United  States,  and  deputed  the  Hon.  R.  Aug.  Thompson  and 
Colonel  F.  Forman,  as  commissioners,  to  present  it  to  him,  and  endeavor  t ) 
(d)tain  the  requisite  assistance.  This  application  proved  unsuccessful,  as  will 
be  seen  by  the  reply  of  the  secretary  of  state,  enclosing  the  opinion  of  the  attor- 
ney-general, as  well  as  the  report  of  the  commissioners.  The  refusal  of  the 
president  rendered  the  state  authorities  powerless  to  check  this  usurpation, 
ami  for  a  time  the  Vigilance  Connnittee  held  an  undisputed  sway  in  S;in 
Francisco.  It  is  needless  to  recount  the  overt  acts  which  marked  the  periml 
of  their  loile.  The  seizure  and  employment  of  state  arms,  the  arrest  and  im- 
prisonment of  a  judge  of  the  supreme  court,  the  banishment  of  citizens,  the 
daily  exhibition  of  bodies  of  armed  men  in  public  places  to  intimidate  oln- 
dience  to  their  authority,  tliese  constitute  but  few  of  the  extraordinary  inri- 
dents  of  the  time.  To  arrest  the  treason  and  suppress  the  rebellion,  tin 
state  was  powerless,  and  the  authorities  were  compelled  to  calmly  await  tin' 
issue  of  events.  In  the  mean  time  the  executive  proclamation  remaimd 
until  the  3d  day  of  November,  when  the  armed  forces  of  the  Vigilance  Com- 
mittee having  been  dislmnded,  the  state  arms  having  been  restored  to  tlirir 
proper  custody,  and  the  judicial  authority  of  the  county  of  San  Francif-io 
having  notified  me  that  no  further  difficulty  existed  in  the  service  of  civil  or 
criminal  process,  the  proclamation  M'as  withdrawn!,  a  state  of  peace  restorod 
to  the  community,  a  legitimate  authority  reinstated,  and  the  constitution  and 
laws,  so  long  defied,  again  recognized  and  regarded. 

"I  have  deemed  it  not  iniprC)pcr  to  detail  the  more  important  incidents  of 


REPLY  or  THE  COMMITTEE. 


681 


this  period,  and  witliout  regard  to  personal  considerations  have  presented  .in 
authentic  history  of  my  otiiciul  nets  in  this  connection,  in  the  conscious  l)elief 
not  less  than  in  the  "aTjest  iiope  tliat  by  tlie  judgment  of  the  people  the  shafts 
iif  falsehood  and  calumny  will  be  repelled,  and  the  course  of  your  executive 
tiiuniphantly  vindicated  and  sustained.  In  all  that  I  have  done  or  sought  to 
ilu,  I  heeded  not  the  plaudits  of  the  populace,  nor  feared  theii-  threats.  I  know 
no  liigher  law  than  the  constitution  of  my  country,  and  aa  a  rule  of  action 
alike  incessant  and  inflexible,  the  observance  of  the  duties  it  enjouis  will  ever 
be  paraniouui  in  njy  regard  as  a  public  ollicer  and  as  a  private  citizen." 


This  mcssaccc  of  the  governor  called  forth  the  fol- 
lowing  reply,  prepared  by  Mr  Dempster: 

"  To  iJie  Mcmhers  of  the  Committee  of  Vi'jUance: — 

"Gkxtlemkx:  You  are  aware  that  your  executive  committee,  willing  to 
suffer  misrepresentation  rather  than  awaken  controversy  or  engender  ill  -  feel- 
ing, have  carefully  refrained  from  noticing  or  correcting  the  numerous  slanders 
and  misrepresentations  which  enemies  of  tlie  late  reform  movement  have  .so 
industriously  eirculateil.  The  undersigned  have  reali^^ed  tlie  wisdom  of  tliat 
conciliatory  course.  We  are  second  to  none  in  the  ardor  of  our  desire  to  ha\e 
]):ist  difTerences  healed,  and  should  not  now  address  you  Vmt  for  pecidiar  lii'- 
cunistanees  which,  as  they  involve  cpiestions  of  personal  integrity,  and,  if  un- 
explained, might  warrant  imputations  upon  the  character  t)f  the  entire  boily, 
justify  us  in  a  brief  effort  to  spread  V)efore  you  the  facts.  Many  of  you  have 
alieady  observed  that  Governor  Johnson,  in  his  recent  message,  ha8en<li!avorcd 
to  f:isten  upon  the  Committee  of  Vigilance  the  charge  of  having  deceived  liiui 
as  to  the  first  ol>jcct  for  which  that  organiziition  was  formed.  We  regret  tliat 
this  forces  upon  us  the  necessity  of  not  only  showing  to  the  world  timt  (Jov- 

<  rnor  Johnson  endeavors  to  hide  the  sympathy  with  the  Connnittee  which  at 
the  time,  iji  the  capacity  of  private  citizen,  he  voluntarily,  repeatedly,  and 
unnecessarily  expressed  to  us,  but  of  refuting  also  the  statements  by  wliicli 
he  endeavors  to  make  a  charge  of  ill-faitli  against  the  Committee  plau.siblo. 

"His  stiitenient  is  tliat  ho  obtained  an  interview  witii  a  member  of  the 
Committee,  and  that  during  that  interview  he  leceived  from  him  assurances 
tliat  the  Committee  did  not  contemplate  any  viohition  of  law  or  resistance  to 
the  legal  authorities,  and  had  no  intention  of  intlicting  tiiemiselves  the  jienalty 
of  the  hiw  upon  the  assassin;  and  he  further  alleges  that  it  was  upon  tlie.se  u.s- 
.suraiiees  he  made  arrangements  witli  the  Committee  to  place  a  guard  from  tluir 
body  in  the  jail.  We  siiall  !<liow  you,  by  a  brief  stiitenient  of  the  facts,  that 
>\hatever  may  have  been  the  tenor  of  this  conversation,  at  wiiieii  only  one 
iiiiiiilier  of  the  Committee,  now  absent  from  the  st;ite,  was  jiresent,  any  such 
iniliression,  if  derived  from  it,  must  have  been  atonce  tlissipated  by  the  iiitei- 
\  lew  he  immediately  hail  with  a  sub-committee  of  the  executive  committee, 
appointed  to  otiicially  confer  with  him,  as  soon  as  it  was  kuouii  that  lie  desired 
aemiference.  We  beg  your  attention  to  the  fact  that  the  conference  with  tliis 
;'Uli-committec  immediately  followed  the  interview  with  MrColemun,  to  wliieli 

<  iovernor  Joliuson  refers.    On  Friday  night,  the  lOtli  of  May,  while  the  Com- 


ii!i 


■If 

n 


THE  GOVERNOR'S  PROCLAMATION  WITHDRA\VN. 


mittee  were  in  session  at  Turn  Verein  Hall,  a  message  -was  brought  in,  that 
some  strangers  were  at  the  door  asking  to  see  some  member  of  the  Committee. 
This  message  was  delivered  to  Mr  W.  T.  Coleman,  who  voluntarily  iventout 
to  see  wliat  was  wanted,  and,  shortly  returning,  reported  that  Govcnior 
Johnson,  his  brother,  W.  N.  Johnson,  C.  K.  Garrison,  and  Wm.  T.  Shernian 
were  there,  and  desired  to  have  a  conversation  witli  some  members  of  tlio 
(Jummittee.  Immediately  a  sub-committee,  consisting  of  Messrs  W.  T. 
(voluman,  E.  Grisar,  J.  H.  Fish,  E.  Gorham,  E.  S.  Osgood,  Miers  F.  Truett, 
and  S.  T.  Thompson,  was  appointed  to  meet  them.  Governor  Johnson  coiii- 
nioneed  the  interview  by  saying  that,  as  a  private  citizen,  he  wivs  ii  sympathizer 
with  tlie  Vigilance  Committee;  that  the  abuses  here  had  grown  beyond 
endurance,  but  that,  as  governor  of  the  state,  he  liad  a  duty  to  perform,  and 
ui'ged  that  the  Committee  should  be  disbanded,  and  the  courts  be  permitted 
to  try  the  prisoner,  pledging  himself  that  if  found  guilty  he  should  be 
punished. 

"Mr  Coleman  replied  distinctly  that  the  Committee  would  not  mai<e 
any  such  engagements,  and  went  on  to  say  that  the  people  were  aroused,  ete. 
He  also  remarked  that  fears  were  entei-tained  that  the  prisoner  might  be 
removed.  Governor  Johnson  replied  that  he  himself  Iiad  misgivings  on  tlie 
same  point ;  and  after  considerable  conversation  it  was  proposed  that  the  Com- 
mittee should  place  twenty  men  in  the  jail,  the  governor  saying  that  he 
woultl  go  himself  and  place  them  in  there,  and  asking  the  Committee  to 
pledge  themselves  not  to  make  an  attack  on  the  jail  while  their  men  were  in- 
side. Though  it  was  very  reasonable  that  we  should  be  asked  to  promise  not 
to  re(iuire  our  own  men  to  open  the  doors  for  us,  yet,  so  well  were  we  aware  nf 
the  unanimous  desire  of  the  executive  committee  that  no  pledge  should  lie 
made  binding  the  future  action  of  the  body,  that  Mr  Coleman  replied  on  tlie 
piirt  of  the  sul)-committee  then  present,  that  we  were  only  a  few  of  niaiiy, 
and  that  we  had  no  authority  to  make  any  pledge  before  reporting  to  the 
executive  committee.  The  sub-committee  then  went  out  and  reported  to  the 
Executive,  by  whom  the  matter  was  discussed.  At  first  the  opinion  pri - 
vailed  that  no  pledges  of  any  kind  should  be  given.  It  was  argued  that  tlie 
(,"oumuttee  was  strong  enough  to  take  any  measures  which  seemed  to  tiiein 
right,  and  tiiat  though  it  was  proper  to  treat  the  governor  with  becominj.'  re- 
speet,  a  desii'c  to  entice  them  into  soiiie  pledges  or  promises  was  so  evident 
on  the  part  of  himself  and  some  of  his  associates,  that  communications  ought 
at  once  to  cease.  It  was  afterwards  agreed,  however,  that  the  sub-conunittee 
slioulil  be  instructed  to  aecejit,  on  behalf  of  the  Committee  of  Vigilance,  the 
I'ight  to  place  ten  men,  the  number  being  voluntarily  reduced  Ijy  the  execu- 
tive committee,  in  the  county  jail,  and  to  promise  that  while  our  guard  was 
in  there  we  should  not  attempt  to  take  possession  of  the  jail.  The  suli-coni- 
niittee  was  also  instructed  to  make  no  further  pledges  of  any  kind,  Init  to  say 
to  the  governor  that  we  would  give  him  notice  wiien  we  removed  our  guard. 
Tlie  sul)-committee  returned  to  tlie  governor  and  reported  the  decision  of  tlie 
executive  committee,  and  Mr  Coleman  remarked  that  he  desired  to  have  it 
distinctly  understood  tiiat  no  pledges  were  made,  excepting  that  the  Com- 
mittee of  Vigilance  wouhl  not  attack  the  jail  until  we  had  given  him  notice  that 
our  guard  was  removed;  and  further  than  this,  almost  the  last  remark  nuulu 


RESOLUTION. 


5S3 


to  Governor  Johnson  as  they  parted,  indeed  it  is  believed  to  be  the  very  last 
thing  that  was  said  to  him,  was  in  words  about  as  follows,  by  Mr  CJorliam  : 

"'We  fully  understand  each  other  now,  as  long  as  our  men,  meaning 
inumbers  of  the  Committee,  are  in  the  jail,  no  attempt  shall  be  made  to 
capture  it,  or  to  take  possession  of  the  prisoner,  but  the  moment  our  men  are 
witlidrawn  from  the  jail  this  treaty  is  annulled.' 

"As  all  parties  were  leaving  tlie  room,  Mr  J.  H.  Fish  remarked,  'that  there 
was  no  doubt  but  that  we  understood  each  otlier  now ;'  to  which  Mr  Garrison 
replied,  addressing  more  particularly  Mr  E.  S.  Osgood:  'Yes,  you'll  take 
tliu  jail  and  hang  Casey  and  Cora,  and  the  Pacific  Mail  .Steamship  Company 
will  do  the  rest.'  He  at  least  did  not  misunderstand  the  intention  or  position 
;)f  the  Committee. 

"Thi?  occurred  about  midnight  on  the  IGth  of  May.  Governor  Johnson, 
as  he  left,  stated  that  he  would  go  immediately  to  the  jail  and  arrange  to 
have  our  guard  admitted.  An  officer  with  nine  men  was  immediately  de- 
.spatched,  and  on  arrival  julmitted. 

"The  next  morning  an  exaggerated  rumor  gained  currency,  'that  Governor 
-Tdhnson  had  surrendered  the  jail  to  the  Committee  of  Vigilance.  It  has  been 
stated  that,  at  this  time  liis  own  partisans  severely  Ijlamed  him,  and  tliat  he 
went  to  tlie  Vigilance  Committee  and  endeavored  to  make  better  terms. 
However  this  may  be,  it  is  certain  tliat  the  governor  at  that  time  sought 
another  interview  with  the  executive  committee,  and  alleged  that  tliero  was 
a  misunderstanding  of  the  tei-ms  of  the  treaty  of  the  niglit  before.  Tlio  mem- 
l)ers  of  tlie  sub-connnittee,  who  liad  been  present  with  him  on  that  occasion, 
\vere  immediately  summoned,  and  confronted  with  the  governor  and  his 
associates,  and  so  fully  was  it  provecl  that  he  was  entirely  in  the  wrong,  that 
Mr  (Jarrisou,  who  was  one  of  his  associates  at  tlie  first  confereii^e,  remarked 
to  Mr  W.  T.  Thompson,  that  Governor  .Johnson,  in  committing  himself  with 
the  Committee,  had  damned  himself  iwlitically.  The  members  jiropo.sed  to 
Govenior  Johnson  at  once,  tliat  he  had  only  to  say  the  word  and  we  would 
inuueiliatoly  withilraw  our  men,  when  he  and  the  oflicers  of  the  law,  and  the 
jail  and  the  prisoners,  would  be  in  the  same  position  as  if  no  interview  ha  I 
taken  place  between  himself  and  the  Connnittee.  This  met  with  no  response 
from  him,  and  as  soon  as  he  left,  the  executive  committee  passed  tlie  follow- 
ing resolution,  a  copy  of  wliicli  was  iiiiiiiediatcly  delivered  to  the  governor: 

"  '  liesolved,  that  we  notify  Governor  Johusim  that  wo  maintain  the 
treaty  made  witli  him  hist  night,  and  that  the  same  involved  no  pledges  ou 
the  part  of  this  Committee,  except  that  we  should  make  no  attack  upon  the 
jail  while  our  guard  reinaincd  M'itliin  it.' 

''At  ten  next  morning,  May  18th,  orders  were  sent  to  our  guard  to  with- 
draw from  the  jail.  At  eleven  o'ehjck  a  eommittee,  consisting  of  Mr  II.  M. 
Hale,  handed  to  Governor  Johnson  the  following  conimuiiicatiou : 


Ul 


]   I 


'"To  hin  Exvrlleiicy  J.  Ncely  Johnson,  Governor: 

"  '  Deak  Sir:  We  beg  to  advise  you  that  we  have  withdrawn  oiir  guard 

from  the  county  jail. 

"  '  By  order  of  the  Committee, 

'"33,  >SecnUmj.' 


584         THE  GOVERNOR'S  PROCLAMATION  WITHDRAA^-X. 


I   i 


"As  Mr  Hale  handed  thia  communication  to  the  governor  he  remarked  fo 
him,  'I  presume  you  understand  it,' to  which  after  perusal  the  governor  n- 
plied  that  he  did ;  and  being  without  the  means  of  resisting  an  attack,  he  eouM. 
of  course,  offer  no  opposition,  but  that  f  he  were  provided  with  men  he  woulil 
certainly  protect  the  jail,  as  the  prisoner  had  been  condemned,  and  would  Iji; 
executed  by  the  law,  and  closed  the  interview  hurriedly,  saying  that  lie  hiul 
been  sent  for  by  the  sheriff,  and  must  go  up  to  the  jail.  The  conversation 
and  manner  of  the  governor,  throughout  the  interview,  indicated  unmistulc- 
ably  that,  after  the  receipt  of  the  note,  he  expected  an  immediate  attack  upmi 
the  jail.  Upon  the  report  of  Mr  Halo  to  the  executive  committee,  that  tlni 
above  document  had  been  delivered  to  Governor  Johnson,  orders  were  issued 
to  the  marshal  to  set  his  troops  in  motion,  and  at  ten  minutes  after  twelvi; 
tlie  sub-committee  appointed  to  superintend  the  taking  of  the  prisoners  di'- 
livered  a  note  to  the  sheriff  demanding  their  surrender.  These  are  all  tin; 
essential  facts  attending  every  inters'iew  between  Governor  Joluison  and  tlie 
Committee  of  Vigilance,  or  any  person  authorized  to  speak  on  its  behalf  from 
the  organization  up  to  the  taking  of  the  jail. 

"  You  will  at  once  perceive,  that  even  if  the  brief  conversation  between 
the  governor  and  Mr  Coleman,  when  the  latter  first  ascertained  who  it  was 
that  wislied  to  see  the  executive  committee,  could  have  produced  upon  his 
mind  the  impression  that  the  Committee  did  not  intend  themselves  to 
punish  the  crime  that  had  been  committed,  this  feeling  must  «..  once  have 
been  dissipated  by  the  refusal  of  the  sub-committee,  immediately  appointtd 
officially  to  confer  with  him,  even  to  pledge  themselves,  until  after  they 
hull  obtained  authority  from  the  executive  committee,  not  to  attack  tin; 
jail  while  their  own  men  were  inside  to  open  the  gates  for  them,  nmch  loss 
to  attack  it  at  all.  Even  supposing  that  Governor  Johnson  could  have 
misinterpreted  this  positive  refusal  of  a  sub-committee  of  eight  to  make 
any  statement  respecting  the  course  of  action  that  would  bo  pursued  by 
tlie  Conmiittee  of  Vigilance,  the  broadest  charity  cannot  imagine  that  lui 
could  have  misunderstood  the  official  communication  i  .  the  executive  com- 
mittee, handed  to  him  in  writing  within  twelve  hours  of  his  first  coimnuni- 
cation  with  them,  notifying  him  distinctly  that  they  had  not  bound  tlui 
Committee  of  Vigilance  by  any  pledge  or  promise  further  than  that  they 
would  not  attack  the  jail  while  their  guard  was  inside  its  walls. 

"That  notwithstanding  all  of  the  above  facts,  Governor  Johnson  should 
have  endeavored  to  charge  duplicity  upon  the  Committee  of  Vigilance,  in  his 
annual  message,  is  deeply  to  be  regretted,  and  this  statement  of  the  actual 
occuri'ences  is  presented  to  your  notice,  in  order  that  the  misrepresentations 
of  the  governor's  message  may  be  properly  refuted. 

"  Having  disposed  of  those  charges  in  the  governor's  message  which 
directly  involved  the  interviews  at  which  wo  were  present,  we  deem  it  not 
inappropriate  to  allude  to  those  wholesale  charges  which  the  governor  rei- 
terates in  regard  to  the  alleged  ulterior  designs  of  the  Committee  of  Vig- 
ilance, to  wit:  Tlie  subversion  of  the' state  authority,  and,  in  the  event  of 
federal  intervention,  the  establishment  of  a  government  entirely  indejiend- 
ent  of  the  union.  It  is  perhaps  scarcely  necessary  to  say  to  (  c  fellow-mem- 
bers that  not  even  an  approximutiou  towards  such  objects  or  the  slightest 


COMMENTS  ON  JOHNSON. 


619 


approach  to  a  debate  upon  them  has  ever  occupied  the  attention  of  the  exec- 
utive committee. 

"  Emile  (Jrisar,  E.  Gokham, 

"  Henry  M.  Hale,  J.  H.  Fisii, 

"  W.  T.  THOMP.SON,  E.S.Osgood." 

Upon  this  matter  the  Bulletin  of  the  8th  of  Janu- 
ary 1857  thus  comments: 

"His  excellency  endeavors  to  produce  the  impression  that  the  arrange- 
ments prelimuiary  to  the  surrender  of  the  prisoners  from  tlie  county  jail  wero 
made  in  pursuance  of  an  understanding  that  the  Vigilance  Committee  did 
not  intend  to  punish  tlieni,  but  simply  to  aid  the  ollicers  of  the  law  in  providing 
against  their  escape.  This  course  lie  then  believed  calculateil  to  allay  pop- 
ular excitement,  but  says:  'These  anticipations,  however,  were  Ijut  brief  in 
their  duration,  and  scarce  a  day  had  passed  ere  this  illusion  was  apparent. 
The  nund)ers  of  the  Committee  multiplied  from  day  to  day,  and  incited  by  the 
iil^peals  of  an  incendiary  press  to  deeds  of  violence,  soon  the  rallying  cry  was, 
"Death  to  the  prisoners  !"  '  The  idea  endeavored  to  be  conveyed  h(;rc,  is  thata 
great  change  took  place  in  public  sentiment  in  a  single  day.  In  making  .sutli 
an  assertion,  the  governor  provides  for  himself  .a  dilemma.  Either  he  was 
Lulpably  ignorant  of  tlie  state  of  popular  feeling,  which  is  tantamount  to  claim- 
ing exemption  on  the  ground  of  imljecility,  or  he  has  falsified  the  record.  Ilia 
account  proves  him  to  have  cither  been  incapable  of  perceiving  facts,  apparent 
to  any  child  old  enough  to  walk  the  streets,  or  to  now  be  guilty  of  gross 
falsehood.  There  was  no  time,  from  the  hour  in  which  thousands  gatliered 
about  the  portals  of  Montgomery  block  on  the  fatal  night  of  the  occui'rence 
wliich  gave  birth  to  these  disturbances,  there  was  no  moment  that  followed 
tlic  one  iu  which  they  rent  the  air  in  shouts  for  a  leader,  when  any  num  of 
ordinary  intelligence  could  fail  to  see  what  course  the  current  of  <!vents  nnist 
tidic  in  the  contingencies  of  the  death  of  the  martyr.  Tlie  cry  of  '  Death  to 
t!ie  prisoner'  was  more  thrilling,  more  vehement  then  than  afterwards.  Then 
the  excitement  was  that  of  a  mobj  afterwards  it  was  the  result  of  sad,  sober 
I'clloction,  but  in  both  the  impulse  and  direction  of  popular  sentiments  wero 
the  same,  both  noble,  both  justifiable. 

"  Of  the  govenior's  assumption  of  bad  faith  on  the  part  of  those  mcmbei's  of 
the  Committee  with  whom  he  conferred,  we  have  simply  to  say  that  we  do 
not  credit  his  assertions,  when  weighed  against  those  of  tiie  men  upon  whom 
lu'  endeavors  to  throw  discredit.  We  will  be  chaiitable  enough  to  conclude 
t!iat  his  i)resent  statement  is  the  result  of  that  weakness  of  recollection 
wliicli  is  perfectly  consistent  with  his  intellectual  calibre  as  evidenced  by  his 
cIccmIs.  His  slur  at  (leneral  Wool,  and  assumption  that  the  refusal  of  tiiat 
ofiicer  to  funiish  arms  for  the  wholesale  slaughter  of  our  population,  for 
reasons  to  himself  best  understood,  find  sufficient  refutal  in  the  fact  that  the 
action  of  the  federal  authorities  subsequent  to  that  refusal  wero  in  accordanco 
\v  itli  that  course,  and  based  on  similar  grounds.  His  blunder  in  appealing  to 
A\'iishington  in  an  improper  manner,  tlie  governor  endeavors  to  excuse  on  tiio 
ground  of  economy,  which  if  beautifully  cousistont  with  other  portions  of 


if 

■.    It  J 

1  i 


fido 


THE  GOVERNOR'S  PROCLAMATION  WITHDRAWN. 


Ilia  conduct.  It  would  cost  too  much  to  convene  the  legislature,  but  no  ccm- 
Bi<lcnition  of  cost  prevented  liis  enlistment  of  an  anny  of  ruflians,  and  kccii- 
lug  theui  ill  service  on  paper,  long  after  their  material  existence  had  eeii.scil, 
or  induced  him  to  withdraw  his  proclamation  from  the  papers  in  wliicli  it 
was  insolently  and  exiiensively  paraded  for  months.  Such  reasoning  nei'ds 
no  refutal.  The  ignorance  manifested  by  his  excellency  throughout  his  jiro- 
ceedings,  renders  his  statement,  that  he  knows  no  higher  law  than  the  <m)ii- 
stitution,  easy  of  belief;  but  we  cannot  consent  to  limit  his  want  of  knowlodyi; 
to  supra-constitutional  authority.  There  are  higher  than  constitutional 
rights.  If  there  were  not,  the  Declaration  of  Independence  would  bo  ;ui 
nbsurdity  and  revolutions  an  impossibility.  Wiiether  tlie  course  of  the  ixov- 
ernor  or  that  of  our  community  has  been  most  in  accordance  with  the  ])riiici- 
pies  of  human  freedom  and  civil  lilxirty,  we  are  quite  willing  to  leave  to  the 
judgment  of  that  posterity  which  will  only  remtmbcr  .1.  Xeely  Johnson  as  a 
pebble  which  once  lay  in  the  way  of  California's  progress ;  a  name  rescued 
from  oblivion  only  by  the  accident  of  its  being  written  on  the  pages  wliicli 
record  great  events,  and  destined  to  a  fame  of  which  he  has  no  reason  to  ho 
proud.  The  slur  against  the  president  of  the  executive  committee  can  hu 
easily  refuted,  and  the  falsehood  fixed  on  the  governor  as  readily  as  in  tlic 
case  of  his  misrepresentations  of  the  conduct  of  Ueneral  Wool,  Colonel  Za- 
briskie,  and  General  Allen." 

A  candid  review  of  the  governor's  course  from  first 
to  lust  cannot  fail  to  carry  with  it  the  conviction  tit' 
his  unfitness  for  the  emergency,  of  his  weakness  as  a 
ruler,  his  duplicity  as  a  politician,  and  his  dishonesty 
as  a  man.  He  first  tacitly  sanctions  the  action  of  the 
Vigilance  Committee  by  counselling  with  them  as  to 
the  best  course  for  removing  the  unhanged  villains,  and 
advising  the  sherifii'  to  yiekl  them  up  Casey  and  Cora; 
then,  at  the  instiijation  of  blood-thirstv  advisers  he 
exhausts  his  puny  efl^brts  to  deluge  the  streets  of  Sail 
Francisco  in  the  blood  of  her  best  citizens.  His 
jiroclamation  was  ill-advised,  illegal,  and  filled  with 
false  statements.  Upon  his  own  commissioners,  Za- 
briskie  and  Allen,  men  of  spotless  reputation,  the 
dauo^hter  of  one  of  whom  was  his  wife,  ho  turns  his 
back,  and  like  Peter  denies  them  in  the  presence  of 
his  friends.  His  statement  concerning  General  Wool 
that  officer  flatly  contradicts,  and  his  letters  to  the 
people  were  filled  with  statements  tending  to  mis- 
represent and  falsify  both  the  object  and  the  action 
of  the  Vigilance  Committee. 


ANOTHER  MODEL  GOVERNOR. 


587 


*'  Too  cowardly  to  oppose  the  Vigilance  Committee 
at  its  outset,"  says  one  journal;  "too  tyrannical  to 
give  it  his  adheaion  when  its  manifest  object  was  the 
rccstablishment  of  popular  sovereignty,  Governor 
Johnson  has  secured  the  friendship  of  no  good  man 
on  either  side,  and  is  in  full  enjoyment  of  the  hearty, 
unanimous  contempt  of  both." 

Two  years  later,  under  a  new  governor,  the  com- 
jilaint  is  continued.  Commenting  on  the  message  of 
(governor  Weller  in  June  1859,  one  writes  over  the 
signature  "Censor,"  first  quoting  from  the  message: 

"  'It  is  made  my  duty,  by  the  constitution,  to  see  that  the  law  is  faith- 
f  illy  executed.  I  deeply  regret  to  say,  that  during  the  past  year  I  have,  in 
soveral  instances,  been  compelled  to  know  that  it  was  shamefully  violated. 
Since  the  adjournment  of  the  last  legislature  I  have  learned  through  the 
j>ul)lic  press,  not  a  single  case  having  been  reported  to  me  otiicially,  that  some 
sfveu  or  eight  persons,  in  different  sections  of  the  state,  have  been  executed 
ill  viiilation  of  the  law.  It  was  hoped  that  the  feverish  excitement  produced 
liy  tlu;  loose  manner  in  which  the  criminal  laws  were  administered  some  years 
since,  had  passed  away,  and  that  Californians  had  becotne  a  law-abiding  people. ' 
Wlien,  where,  and  of  whom  does  the  governor  learn  of  '  feverish  excitement 
produced  Ijy  the  loose  manner  in  which  the  criminal  laws  were  administered'? 
I  have  seen  none,  except  those  who  feared  just  punishment.  The  most  cool 
and  deliberate  transactions  I  have  witnessed  in  the  stiitc  are  those  \v  here  the 
.solid  men  of  the  country  have  performed  the  duties  neglected  by  the  olFicers 
of  the  criminal  law.  The  sober,  discreet,  industrious  citizens  of  California 
are  law-abiding  people  when  the  laws  are  honestly  administered  l»y  those 
wJKjse  duty  it  is  to  administer  them  properly.  But  if  they  fail  to  do  their 
ihity,  the  sober,  second-thought  portion  of  the  comnumity  themselves  coolly, 
(lelilieratcly,  and  dispassionately  administer  the  laws  regardless  of  the  whim- 
perings of  those  delinquent  oUicers  and  their  .satellites,  and  stand  reiuly,  at  all 
times,  to  face  the  consecpieuces  in  this  world,  and  at  a  pnjper  time  in  the 
spirit  world.  'Now  that  these  abuses  have  been  corrected,' continues  the 
giivernor,  'we  had  a  right  to  expect  that  the  law  would  be  allowed  to  take  its 
(.innse,  and  no  one  executed  until  his  guilt  was  fully  estfiblished  in  the  jiuli- 
L-ial  tribunals.  There  can  be  no  security  for  either  person  or  property  \.hero 
siilIi  outrages  are  tolerated.' 

"From  where  and  from  whom  does  his  excellency  derive  information 
that  these  abuses,  the  loose  administration  of  criminal  laws,  have  been  cor- 
rected in  all  the  districts  in  the  state?  It  is  ti-uc  the  <lesired  corrections  have 
taken  place  in  the  city  and  county  of  Han  Francisco  and  in  .some  other  local- 
ities; but  it  is  not  true  that  they  have  been  eon'ected  throughout  the  state, 
and  the  people  of  special  localities  arc  the  best  judges  of  that  fact.  Persons 
at  remote  distances,  however  learned  and  skilful,  cannot  be  the  best  jiidgcs; 
and  to  evidence  that  assertion  I  need  only  refer  to  the  two  deceptions  con- 


583 


THE  GOVERNOR'S  PROCLAMATION  WITHDRAWN. 


fcsscd  by  (Jovcmor  WuUer  to  obtain  iinmeritcil  cleinoncy  under  the  panloniii'^ 
l>o\ver.  Unfortunately  for  the  state  and  his  excellency,  it  is  the  jirotliguti! 
and  vile  who  most  frequently  seek  his  ear,  and  hence  the  necessity  of  greati  i- 
caution  in  giving  credence  to  the  information  volunteered.  Where  doi^s 
Governor  Weller  obtain  his  evidence  that  there  can  be  no  security  for  either 
person  or  property  where  such  outrages  as  popular  hanging  are  tolerated? 
Where  in  California  are  persons  and  property  more  secure  than  in  the  city 
and  county  of  San  Francisco,  and  where  have  tiiere  been  more  capital  i)unisli- 
nients  executed  by  the  people,  and  justly  too?  Can  it  bo  jiossible  that  liis 
excellency  stands  in  fear  of  bodily  harm  at  the  hands  of  the  people  of  this 
state  ?  Is  he  a  travelling  arsenal  like  the  scoundrels  whom  the  people  have 
hanged  in  consequence  of  such  fears?  'The  governor  is  jwwerless,' he  says 
further,  'when  the  county  officers,  courts,  and  juries,  neglect  or  refuse  to  dis- 
charge their  duties.'  Hero  is  a  truth  as  manifest  as  any  truth  ever  uttcnd 
by  any  one  of  the  apostles.  The  governor  is  powerless,  but  the  people  are 
not,  as  has  been  sho\vn  in  numerous  instances.  '  It  is  true  that  these  acU 
were  perpetrated  by  a  few  excited  and  reckless  men ;  but  it  is  clearly  the  duty 
of  all  good  citizens  to  aid  in  bringing  them  to  justice.'  Here  is  a  downright, 
barefaced  falsehood.  It  is  not  true  that  th(  ?c  acts  were  perpctratctl  by  a 
few  excited  and  reckless  men.  The  men  who  perfonncd  these  latnentiibly 
painful  duties  did  not  perform  them  as  a  pastime:  they  were  actuated  liy 
the  first  law  of  nature,  self-protection.  'The  frequent  recurrence  of  thusu 
executions,  and  the  total  failure  of  courts  or  juries  to  prosecute,  is  calculated 
to  retiinl  the  settlement  of  the  state,  and  turn  the  tide  of  immigration  in  a 
different  direction.  Men  will  not  like  to  bring  their  families  into  a  community 
where  their  lives  and  property  are  at  the  mercy  of  an  infuriated  populace.' 

"  Are  either  of  these  sentiments  true,  understood  as  intended  by  the  go\'- 
ernor?  Take,  for  example,  the  city  and  county  of  San  Francisco.  There  is 
no  locality  in  the  state  where  so  many  desperadoes  have  been  hanged  by  tlic 
populace  as  tliere,  and  the  streets  are  thronged  with  mothers  and  children, 
and  there  is  not  a  vacant  tenement  in  the  city.  Theories  must  always  give 
way  to  stubborn  facts.  Where  is  this  infuriated  populace  of  which  his  excel- 
lencj'  seems  to  have  such  a  holy  horror?  I  have  spent  much  more  time  in  tin; 
state  than  he  has,  and  have  failed  to  discover  it.  '  When  bad  men  unite  to  tjiko 
the  law  into  their  own  hands,  to  avenge  their  wrongs,  whether  real  or  imagi- 
iiiiry,  good  citizens  must  combine  to  bring  them  to  punishment,  or  else  there 
is  an  end  to  all  government.'  When  and  where  have  bad  men  united  to  take 
the  law  into  their  own  hands  to  avenge  their  wrongs,  real  or  imaginary?  Bad 
men  have  united  to  take  the  law  into  their  own  hands  through  frauds  at  the 
ballot-box,  for  the  purpose  of  escaping  merited  punishment;  and  good  men 
have  combined  to  avenge  the  wrongs  perpetrated  by  these  bad  men  and  their 
co-workers,  and  have  performed  their  duty  most  effectually,  in  many  instances 
to  the  great  benefit  of  the  state.  Men  who  prowl  about  the  country  living  on 
black-mail  and  free-lunch  stealings,  armed  to  the  teeth  ready  to  blow  tlie  top 
of  the  head  off,  or  cut  the  heart  out  of  any  man  who  will  not  do  their  vile  bid- 
dings, had  best  tfvke  warning,  lest  their  turn  should  come  on  too  short  a  notice 
for  available  repentance.  It  is  only  on  extraordinary  occasions  that  they  have 
in  their  possession  the  weapons  of  murder,  while  bad  men  arc  walking  arsenals, " 


A  PRETTY  P.UR. 

Wollcr  succeeds  Johnson  as  governor.  Weller  is 
more  of  a  man  tlian  Johnson,  yet  Wollci's  sown 
(Irainfon's  teeth  fail  to  produce  him  anti-vigilant  soldiers. 
Weller  is  thoroughly  law  and  order;  he  is  obliged  t»> 
he  so  or  his  party  would  discard  him  very  quickly;  and 
as  politics  is  his  vocation,  surely  he  may  labor  in  it. 
His  pronv nciamioitofi  against  vigilance  are  hannless, 
l)ut  ho  never  misses  an  opportunity  of  uttering  them. 
J /ike  Napoleon,  Weller  despised  ideologists.  Ideas 
demand  of  every  why  a  wherefore,  and  Weller  could 
not  bear  to  have  his  logic  questioned.  Conservatism 
liates  ideas,  and  so  do  law  and  order.  The  6litc  of 
^^coundrelism  had  gathered  in  Calilbrnia,  and  in  the 
garb  of  well  dressed  politicians  it  flourished  on  the 
streets  of  San  Francisco,  until  disarmed  by  the  death 
of  trickery.  It  sounds  harsh,  but  it  is  true,  that  the 
law  and  order  party  of  this  time,  and  for  three  years 
previous,  was  an  organization  for  the  promotion  of 
umrder,  a  society  for  the  suppression  of  virtue. 

Law  was  their  inexorable  necessity,  and  their  rea- 
soning was  as  the  logic  of  Clytemncstra  when  she 
pleaded  with  her  son  Orestes,  who  was  about  to  sla}' 
her  for  the  murder  of  his  father,  the  great  Agamem- 
non. "Fate,"  she  cried,  "compelled  me  to  the  crime." 
"And  fate,"  replied  Orestes,  "now  ordains  your  death." 


CHAPTER   XXXV. 


THE  EXPATRIATED. 


'TSvas  for  the  good  of  my  country  that  I  should  be  abroad. 

Favqiilmr. 

TiiK  act  of  expatriation,  as  I  have  before  remarked, 
was  not  after  all  so  very  cruel.  It  amounted  in  most 
cases  to  a  free  })assage  for  some  devotee  of  the  dei- 
riiii^er,  election  bludgeon-brandisher,  or  other  social 
vulture,  who  having  terminated  his  career  in  Cali- 
fornia, having  wrought  all  the  mischief  possii)!*' 
here,  now  sought  another  clime  where,  being  un- 
known to  the  police,  he  might  begin  anew.  Travel 
being  prescribed,  and  the  noxious  individual  being 
out  of  money,  as  those  who  live  upon  the  public 
usually  are,  he  was  duly  provided  for  and  escorted 
to  the  vessel  by  the  Committee.  So  that  a  verdict 
like  the  following:  "Mr  Cunningham,  you  have  been 
found  guilty  of  ])assing  altered  coin  and  of  robbing 
the  dead.  Your  sentence  is  that  you  leave  this  state 
never-  to  return  under  penalty  of  death,"  signities 
to  ^Ir  Cunningham  tliat  his  passage  hence  will  be 
paid,  but  sti})ulates  th.it  he  nmst  not  return.  But 
wliv  should  Mr  Cunningham  wish  to  return?  Can 
he  not  do  better  in  a  country  where  the  dead  have 
not  yet  been  robbed? 

Thousands  of  honest  men  in  those  days  would 
have  gladly  availed  themselves  of  such  an  oflbr; 
but  honest  men  must  pay  their  own  fare  when  they 
travel. 

(500) 


THOSr  BY  THE  'STEPHEN'S. 

In  the  f(jll()\vin<^  irianner  ttp[)licati()n  was  matlu  for 
leave  of  absence  by  the  expatriated : 

••San  Fuaxcisco,  5th  July,  ISoG. 

"  To  the  Executive  Committee  of  the  Committee  of  Viijilance: — 

' '  Gentlemen:  Heing  desirous  of  leaving  to-day  by  the  steamer  for  Pnnama, 
I  would  request  your  pemiission  so  to  do. 

"I  am  y'rob't  sv't, 


"Witness,  R.  B.  Wallace.' 


•'Lewis  x  Maiionev. 

Mark. 


By  the  Panamd,  steamer  John  L.  Stephens,  sailing 
the  5th  of  July,  were  shipped  by  the  Committee,  after 
lull  investigation  and  decision,  six  more  of  their  ])ris- 
oiiers,  notorious  in  the  annals  of  crime,  J.  K,  Malo- 
iicy,  Dan  Aldrich,  T.  B.  Cunningham,  A.  Purple, 
L.  Mahoney,  and  T.  Mulloy.  All  ex[)ressed  them- 
selves as  satisfied  with  the  justness  of  their  sontence. 
Without  stir  or  display  they  were  taken  from  the 
rooms  about  three  o'clock  in  the  afternt)on,  |)laced 
on  board  the  steamer,  and  closely  attended  until  the 
vessel  was  under  way,  when  the  guard  returned  in 
small  boats,  as  we  have  seen. 

Some  of  the  prisoners  wrote  the  Committee  occa- 
sionally, making  known  their  wishes  in  that  way.  ^Ir 
Cunningham  was  a  frequent  correspondent.  I  give  a 
sample  of  his  letter-writing : 

"Vigilance  Committee  Rooms,  Sunday,  3  o'clock,  p.  m. 

' '  IJxecutire  Committee : — 

"({entlemex:  I  hope  you  will  excuse  my  forwardness  in  addressing  you 

sfi  often.     I  can  assure  you  that,  situated  as  I  am  at  present  and  uiuU^r  tho 

f-'xistiiig  circumstances,  life  is  a  burden  to  me.     For  the  sake  of  (iod  and 

my  helpless  family  will  you  not  grant  me  the  time  which  I  so  earnestly  desiro 

of  you?    If  not,  I  hope  you  will  take  such  prompt  action  as  to  alletiate  my 

sufferings  by  sending  me  away  out  of  the  countrj'.    I  would  much  like  it,  as 

confinement  does  not  agree  with  me,  and  if  I  have  to  remain  here  much 

longer  perhaps  God  would  save  y^u  the  trouble  of  my  company.     I  tnist 

therefore  you  will  grant  one   or   the  other  of  my  requests  as  speedily  a.s 

your  honorable  body  may  deem  expedient,  and  your  petitioner  will  forever 

pray. 

"I  remain  yours,  etc. 

"TUOS.  B.  CCNNINGILVM." 


592 


THE  EXPATRIATED. 


I 


i 


Another  thus  writes : 

"SATCnDAY,  July  19,  ISoG. 
"  To  the  Gentlemen  of  the  Executive  Committee  of  Viyilanee: — 

"  Tlio  time  having  abnost  expired  allotted  inc  to  depart  from  this  my 
adopted  lioine,  I  make  t)iis  my  fn'st  and  last  appeal  to  your  mercy  and 
tlcmeiicy.  CJentlemen,  I  place  too  much  trust  in  your  magnanimity  to  think 
you  would  injure  me  in  any  way  but  by  my  removal.  My  home  has  cost  mo 
(iver  two  thousand  dollars,  which  I  cannot  dispone  of  unless  at  a  very  yreut 
bacrilice.  ( Jentleliien,  if  you  have  any  doubts  of  my  statement,  call  at  my 
house  and  satisfy  yourselves.  If  you  will  but  consider,  gentlemen,  I  was 
kept  prisoner  four  days,  and  only  from  M'eilneaday  to  settle  my  ail'aiis. 
iJentlemcn,  I  pray  you  more  time  or  an  opportunity  to  vindicate  myself 
through  gentlemen  such  as  E.  Smith  of  the  Mercantile  Hotel,  Capt.  A.  !•', 
Scott,  Lieut. -Col.  Ellis,  G.  Gilman. 

"Yours,  obediently, 

"Joiix  COONEY." 

At  the  inectini^  of  Sunday  the  20th  of  July  it  was 
ordered,  ''That  McLean  shall  leave  in  the  steamer  of 
lo-niorrow  for  Panama  and  that  his  passage  be  paid 
by  this  Commiltee  on  condition  that  the  same  be  ro- 
liuided  from  the  proceeds  of  his  property,  by  j\Ir 
Baker,  who  is  authorized  to  settle  the  same.  Also, 
that  the  said  McLean  shall  sign  a  confession  of  his 
guilt,  and  the  appeal  for  permission  to  leave  this 
state,  with  a  pledge  never  to  return."  William  F. 
]\[cLean,  Jim  Burke  alias  Activity,  Abram  Craft,  and 
Jim  White  departed  by  this  steamer,  again  leaving 
the  cells  empty,  save  those  of  Brace,  Terry,  and 
Green. 

The  27th  of  Aufjust  at  a  mcetimy  of  the  executive 
connnittee  a  motion  was  made  and  carried  that  I.  S. 
]\Iusgro\o,  late  sU[)ervisor  of  the  county,  be  notifietl 
through  the  daily  papers  that  the  privilege  was  given 
him  of  leaving  the  state  on  or  l)efore  the  20th  of  Sep- 
tendjor,  never  to  return,  failing  in  which  he  subjected 
himself  to  the  usual  penalty. 

John  Stei»hens  having  assaulted  Edward  D.  Jones, 
a  member  of  the  Committee  of  Vigilance  and  a  mes- 
senger of  the  23d  Company,  for  his  acts  as  member 
of  the  Connnittee,  on  the  28th  of  Auijust  it  was  re- 
solved  by  the  executive  committee  that  he  be  ban- 


IN  NEW  YORK. 


603 


islicd  from  the  state,  and  that  he  leave  on  or  before 
the  5th  of  September,  never  to  return. 

Out  into  the  world,  back  to  those  who  sent  them, 
hence  these  evil-omened  parasites  were  driven,  and 
joyously  many  of  them  went,  joyous  that  no  worse 
fate  had  befallen  them.  In  various  ways  they 
demonstrated  their  appreciation  of  the  blessings  of 
liberty.  Not  unfroquently  passengers  by  the  steamers 
that  carried  them  missed  money  or  articles  of  clothing. 
Some,  like  Billy  Mulligan,  watched  the  hotels  of  New 
York  or  New  Orleans,  and  exercised  themselves  in 
letting  fly  from  the  shoulder  their  fists  on  any  luck- 
less Californian  they  happened  to  find  who  had  not 
law  and  order  written  on  his  lineaments.  Burke  and 
White  narrowly  escaped  meeting  a  watery  grave  at 
the  hands  of  the  incensed  passengers  of  the  Illinois 
lor  having  stolen  three  hundred  and  sixty-four  dollars 
iVom  a  Mrs  Herman.  Purple  stole  twenty  dollars 
lioni  one  of  the  passengers.  Aldrich  swore  he  would 
go  back;  but  ho  seemed  to  bo  in  no  haste  to  do  so. 

The  24th  of  July  the  vigilant  police  informed  the 
Executive  that  Edward  Bulger,  a  prisoner  shipped 
hy  the  Committee  to  Honolulu,  by  the  bark  Yankee, 
liud  returned  by  the  same  vessel.  An  order  was 
issued,  and  the  man  was  arrested. 
■  This  was  the  only  instance  where  an  exile  returned 
during  the  active  operations  of  the  Committee.  II. 
.was  the  custom  to  allow  those  sentenced  to  banisli- 
iiient  to  select  their  own  place  of  exile.  Mr  Bulger 
tliought  the  balmy  air  of  the  Llawaiian  Isles  conducive 
to  a  life  of  retirement  upon  hard-earned  laurels,  and 
so  it  was,  and  would  have  pleased  him  well  had  the 
p(!oplc  at  large  anything  to  steal;  but  after  he  had 
taken  a  look  at  the  country  he  concluded  to  return 
and  risk  a  hanging.  Such  was  his  answer  to  tlie 
Executive  when  arraigned  before  them  for  a  disobe- 
dience the  penalty  of  which  was  death. 

Bulg;.'  ^id  not  seem  to  realize  his  position.     The 
Committee  were  not  accustomed  to  say  what  they 

POF.  Tmu.,  Vol.  II.    38 


■''hi 


m 


THE  EXPATRIATED. 


did  not  mean;  they  were  not  the  men  to  promise  and 
not  perform.  They  sought  the  death  of  none.  Tluv 
regretted  that  any  one  against  wliom  the  death  edict 
had  gone  forth  should  have  the  hardihood  to  return 
and  place  his  own  neck  in  the  halter.  But  were  it  a 
son  wlio  disobeyed  he  should  die  for  it;  and  they 
wondered  at  this  man's  temerity,  his  indifl'erence  to 
the  awful  fate  awaiting  him,  for  they  saw  no  means 
•f  escape  for  him. 

"Are  you  aware  that  the  sentence  of  death  is 
hanging  over  you  by  reason  of  your  i-eturn?"  asked 
the  president  of  Bulger  when  brought  for  examina- 
tion before  the  Executive. 

"No,"  was  the  reply. 

"Were  you  not  told  when  sent  away  that  if  you 
returned  your  life  would  be  forfeit?" 

"No." 

"What'"  exclaimed  the  president,  who  could  but 
regard  the  statement  as  false,  "were  you  never  noti- 
fied of  your  sentence  of  banishment?" 

"Never;  I  was  merely  tried  and  sent  away." 

"Wo  will  look  into  the  matter,"  said  the  president. 
"For  your  sake  I  hope  what  you  say  is  true;  if  not 
your  life  is  surely  forfeit." 

It  was  the  custom  of  the  Committee  to  frame  the 
sentences  of  banishment;  and  it  was  then  made  the  duty 
of  one  of  the  members  to  go  around  to  the  cells  and 
read  them  to  those  so  sentenced.  Bulger  was  now 
put  on  trial  for  his  life.  Half  a  dozen  mend)ers  o( 
the  Connnittee  were  examined.  Finally  the  mendn r 
appointed  to  notify  this  prisoner  of  his  sentence  was 
found  and  called  upon  to  testily.  The  member  taid 
that  although  he  did  not  recollect  this  particular  case 
he  had  undoubtedly  followed  the  rule.  Bulgcn"  was 
now  keenly  alive  to  the  perils  of  his  position,  and  liis 
dull  wits  began  to  work.  His  chances  for  a  green  old 
age  began  to  look  veiy  dark.  Cireatly  excited  lio 
turned  to  the  testil'ying  member  and  sa'rl: 

"Do  you  not  remember  that  when  you  came  to  my 


FOR  VARIOUS  PARTS. 


595 


cell  I  asked  you  to  read  to  me  a  letter  which  I  had 
just  received  from  my  mother,  the  contents  of  which 
so  affoctod  me  that  I  wept  like  a  child?  You  went 
away  from  my  cell  without  reading  mo  any  sentence 
whatever." 

Bringing  his  fist  down  upon  the  table  with  a  pon- 
derous oath  the  member  exclaimed,  "You  are  right! 
I  now  remember  the  incident  perfectly  well.  Gentle- 
iiieii,"  said  he,  turning  to  the  Committee,  "I  await 
your  censure;  and  in  common  with  all  of  you  rejoice 
ill  this  man's  almost  miraculous  deliverance."  Bulsxer 
was  sentenced,  as  before,  to  leave  the  state,  never  to 
return,  under  pain  of  death.  He  departed  gladl}',  and 
vsitli  the  decree  of  the  Committee  so  graven  on  his 
mind  as  to  keep  it  in  vivid  remembrance  to  his  dying 
lay.    In  these  proceedings  the  delegates  concurred. 

The  steamer  Sonora,  which  sailed  from  San  Fran- 
cisco the  5th  of  August,  relieved  the  Committee  of 
}.[ike  Brannigan,  H.  F.  Foy,  Edward  Bulger,  and 
John  Cooney,  while  the  Sierra  Nevada,  sailing  the 
isainc  day,  carried  away  Chris  Lilly. 

Alter  the  Committee  had  retired  its  efficient  force, 
several  returned  though  none  were  overtaken.  Martin 
(jiallagher  returned  from  Honolulu  by  way  of  Puget 
Sound  in  the  bark  Glcncoe,  arriving  at  San  Francisco 
])ay  the  5th  of  October  185G.  Under  the  assumed 
aanie  of  \yilson  Hunt  he  had  shipped  for  Puget  Sound, 
and  ihciiCfj  worked  his  passage  to  San  Francisco. 
Imttodial  jly  on  coming  to  anchor  he  slipped  on  shore 
vMi  '  -.'.s-iV; reared.  The  Vigilance  Committee  were  soon 
oil  Ills  track,  but  Martin  eluded  them  and  finally 
escaped  .  '['\i  a  newly  married  wife  by  the  John  Stitart. 
linkied  it  was  Martin's  love  that  had  brought  him 
liael;  at  the  imminent  risk  of  his  neck.  The  devoted 
woman  who  was  to  become  his  wife  offered  to  follow 
liim  into  exile,  but  he  informed  her  that  he  should 
not  remain  at  the  Islands,  but  would  call  for  her  and 
iy  0  lier  away.  The  wife  and  two  children  of  Bill 
!  '    is  accompanied  Gallagher  to  Callao,  where  the  ex- 


5i>« 


THE  EXPATRIATED. 


patriated  husband  and  father  awaited  them.    Surely 
love  knows  neither  station  nor  behiivior. 

Gallagher  was  a  night-watchman  in  the  custoiii- 
house  at  the  time  of  his  arrest  by  the  Committee 
He  was  tried  by  the  Executive,  and  convicted  of  being 
a  disorderly  character,  a  pest  to  society,  and  a  nui- 
sance. From  South  America  he  returned,  arriving  liy 
the  Golden  Age  the  14th  of  January  1858.  Having 
been  in  the  service  of  the  United  States,  and  the 
United  States  judges  then  sitting  in  San  Francisco 
being  opposed  to  the  action  of  the  Vigilance  Coin- 
mittee,  Martin  thought  his  chances  better  in  a  suit 
before  them  than  before  the  courts  under  the  more 
immediat(  '">"  ?tion  of  the  people.  Hence  he  soon 
after  proceev  to  libel  the  bark  Yanhee,  James  Smith 
master;  and  iiotwithstanding  it  was  proved  beyond 
question,  that  when  the  tug  Ilercides  came  alungsiilo 
after  the  vessel  was  out  at  sea,  and  tlic  expatriatoi'. 
stepped  on  board,  the  captain  of  the  hark  asked  thcui 
distinctly  and  severally  if  tJicy  wished  to  go  to  the 
Sandwich  Islands,  and  each  for  liimself  replied  that 
he  did,  and  although  they  were  treated  in  every  way 
during  the  voyage  not  as  criminals  but  as  lirst-class 
passengers,  yet  the  kind  court  gave  Martin  three 
thousand  dollars. 

Regarding  this  decision  the  Bullc''  i  of  the  19th  of 
January  1859  says:  "After  carefully  perusing  that 
paper,  over  and  over  again,  our  first  impression  ht*- 
comes  more  confirmed,  that  the  result  is  owing  to  the 
personal  prejudices  entertained  by  the  judge."  Mr 
King  then  goes  on  in  strong  language  to  give  his 
opinion  of  courts  and  judges  in  Cahfornia  at  tliis 
time,  and  then  continues  in  a  somewhat  milder  strain: 
"He  has  done  more  than  that;  he  has  made  a  \\\\^- 
chievous  precedent,  which  will  encourage  certain 
infamous  people  to  institute  proceedings  against  tlie 
good  citizens  of  San  Francisco,  that  nmst  necessa- 
rily cause  annoyance  and  irritation,  and  ( nd  in  the 
engendering   of  more   bad    blood    and   ill-feeling  in 


ON  BOARD  THE  ^GOLDEN  AGE.' 


597 


suimiig 


our  already  disturbed  and  too  much  divided  coni- 
iiiunity.  At  this  juncture  this  decision  is  a  public 
misfortune.  Just  as  the  bitterness  of  the  past  was 
fiuUng  out,  this  federal  judge  transcends  his  duty  to 
stir  up  the  embers,  and  again  fan  the  fire  into  a  con- 
blaze." 

When  the  case  was  appealed  to  the  United  States 
circuit  court,  there  appearing  no  reason  from  the 
law  and  evidence  to  decide  otherwise  in  the  case, 
the  former  decision  was  confirmed.  The  suit  was 
l)rnught  for  the  recovery  of  damages  for  a  maritime 
tort.  In  the  first  place  no  wrong  had  been  com- 
mitted, and  in  the  second  place  these  judges  ignored 
the  fact  that  at  the  time  of  Gallagher's  arrest  the 
A  in'ilance  Committee  w«,s  the  government  de  facto  of 
Sail  Francisco,  wielding  supreme  power  of  life  and 
death  over  all  who  entered  the  Golden  Gate.  These 
judges  were  very  quiet  then;  very  deferential  to  the 
liriiiciple  and  jX'r.so/i?ie^  of  vigilance.  And  as  they 
never  dared  to  quite  satisf}^  their  bruised  pride  upon 
the  members  of  the  Committee  themselves,  this  shi[)- 
captain  should  not  escape  although  he  had  simply 
()l»eyed  the  mandates  of  the  then  existing  government, 
wliieli  perforce  he  was  obliged  to  obey.  Such  is  the 
equity  and  honesty  of  law.  Afterward  Gallagher  en- 
deavored to  sell  his  judgment  to  the  Committee  for  two 
thousand  dollars,  but  they  would  not  purchase;  from 
which  circumstance,  together  with  the  inquiry  as  to  the 
state  of  vigilant  forces  in  case  of  an  emergency,  it  looked 
as  though  the  Committee  did  not  intend  to  pay  it. 

Charles  P.  Duane,  sometimes  called  Dutch  Charley, 
as  we  have  seen,  was  arrested  and  brought  to  garrison 
till)  1st  of  June.  Two  days  afterward  he  was  sentenced 
to  tiansportation,  which  was  carried  into  effect  by 
placing  him,  in  company  with  Mr  William  Mulligan 
and  Mr  Woolly  Kearny,  on  board  the  Golden  A(/e  the 
5tli  of  June,  Martin  Gallagher, Billy  Carr,and  Edward 
])u]gcr  being  shipped  at  the  same  time  by  the  bark 
1  unhee  for  the  Hawaiian  Islands. 


::m 


i 

i'l-j 

iff  ' 

U 


THE  EXPATRIATED. 


Hints  had  been  thrown  out  to  Duane  that  he  would 
(It  well  to  leave  the  city,  but  he  paid  no  attention  to 
thcni,  swearing  that  no  twelve  men  under  the  canopy 
of  heaven  should  take  him  alive.  Empty  as  space 
are  the  oaths  of  the  bully.  He  always  carried  a  dose 
of  poison  on  his  person  to  cheat  the  hangman  with, 
he  said,  though  there  never  was  the  slightest  danger 
of  his  taking  it,  nor  would  any  good  man  have  mourned 
had  he  done  so. 

Arrived  at  Acapulco,  Duane  made  his  escape  from 
the  steamer,  and  there  remained  some  eleven  days, 
until  the  John  L.  Stephens  from  Panamd,  bound  uj), 
entered  the  port.  On  his  way  down  he  had  expressed 
his  determination  to  return  at  any  hazard.  It  was 
here  the  Stephens^  officers  and  passengers  first  learned 
of  the  new  social  regeneration  tlien  transpiring  in 
San  Francisco,  of  the  doings  of  the  Committee  and 
the  names  of  the  expatriated.  Presently  Charley 
came  on  board,  and  was  at  once  the  centre  of  a  curious 
group.  He  said  he  had  been  unjustly  treated  and 
wished  to  return.  The  captain,  however,  would  not 
permit  him  to  take  passage.  Charley  then  disappeared. 
When  the  steamer  was  ready  to  sail  search  was  in- 
stituted, and  as  he  was  nowhere  to  be  found  it  was 
thought  he  must  have  gone  ashore. 

Such  was  aj  no  means  Charley's  intention.  When 
the  steamer  was  fairly  at  sea,  the  purser,  who  had 
gone  to  the  barber's  shop  to  be  shaved,  entered  his 
room,  and  there  much  to  his  surprise  found  Charley 
comfortably  seated  in  his  chair.  He  immediately  in- 
formed the  captain,  who  ordered  that  Duane  should 
be  treated  as  a  stowav/ay  and  put  ashore  or  transferred 
to  some  other  vessel  at  the  first  opportunity. 

"Captain,"  begged  Duane,  "let  me  go  back.  I  will 
pay  my  fare ;  I  will  give  myself  up  to  the  Committee 
immediately  on  landing;  let  them  do  with  me  as  they 
please,  I  cannot  go  elsewhere  and  hold  up  my  head." 

"But  they  will  hang  you  higher  than  Haman,"  re- 
plied the  captain. 


CHARLES  P.  DUAXE. 


599 


"Captain,"  exclaimed  the  evil-doer,  "I  would  rather 
die  ill  Calitbriiia  without  touching  ground  with  mj 
feet  than  live  a  prince  in  any  other  country!" 

It  was  all,  however,  of  no  avail.  Captain  Pearson 
Ivuew  that  this  offender  had  been  shipped  from  San 
Francisco  for  a  good  purpose,  and  he  would  not  inter- 
i'ere  with  the  city's  purgation.  Off  the  gulf  of  Cali- 
fornia the  steamer  Sonora  hove  in  sight  bound  down, 
and  the  captain  ordered  Charley  transferred.  On 
looking  for  him,  however,  he  was  missing. 

"I  will  have  him  out  of  here  if  it  takes  me  a  fort- 
night," exclaimed  the  captain.  After  searching  some 
time,  this  so  devoted  lover  of  California  was  found 
snugly  stowed  under  one  of  the  quarter-boats.  Here 
again  Duane  threatened,  knife  in  hand,  any  wh» 
olfcred  to  touch  him.  But  he  was  brouijrht  out  and 
put  on  board  the  downward -bound  steamer.  From 
Panama  he  was  taken  to  New  York.  The  compan- 
ions of  Duane  shipped  by  the  Committee  made  n» 
effort  to  leave  the  steamer  at  Acapulco  witli  him. 

However  sinful,  the  fraternity  found  friends  wliercver 
tlicy  went.  We  have  seen  that  Charley  offered  t» 
pay  his  fare  to  San  Francisco.  Now  Charley  had  n» 
money.  Money  is  not  necessary  to  some  people  in 
travelling.  Why  should  one  whose  profession  it  was 
to  [)rey  on  his  fellows  require  money  in  mingling  with 
them?  Was  not  the  world  his  oyster?  In  tliis  in- 
stance Charley  found  several  good  friends,  some  of 
tiuim  high  in  power,  with  kind  hearts  and  of  no  small 
iiilluence,  ready  with  the  money  to  pay  liis  fare,  and 
even  insisting  insinuatingly  that  the  captain  should 
take  it;  after  which  we  are  not  greatly  surprised  t« 
find  Charley  befriended  by  others. 

I)r  J.  D.  B.  Stiilman,  from  whose  dictation  I  quote, 
was  surgeon  of  the  Stephens  at  the  time.  "  1  li;  was 
a  bully  and  a  high-cockalorum  on  board  tin;  ship," 
says  the  doctor.  "If  he  wanted  wine  or  anything  else 
lio  got  it;  they  gave  him  whatever  ho  askL-d  for 
because  they  did  not  dare  to  refuse  him.     A  high 


MO 


THE  EXPATRIATED. 


official,  one  of  the  passengers  on  board  our  steamer, 
advised  Duane  not  to  leave  the  ship  unless  they  used 
force  to  put  him  off,  and  if  they  did  then  to  fj-o.  The 
official  was  in  high  dudgeon,  considering  that  an 
outrage  had  been  committed  on  the  high  seas,  lor 
which  the  officers  of  the  ship  and  the  company  ought 
to  be  made  responsible  and  punished.  That  was  all 
that  saved  Duanc's  life.  If  ho  had  come  back  at  that 
time,  at  the  height  of  the  excitement  about  Terry, 
he  would  have  swung  before  sundown." 

At  Panamtl  Duane  created  so  much  disturbance 
that  the  authorities  requested  him  to  depart,  but  hu 
declined,  and  claimed  protection  from  the  United 
States  consul.  In  New  York,  becoming  tired  of  life, 
he  took  laudanum  to  kill  himself  withal;  but  unfor- 
tunately he  overdid  it. 

Charley  returned  to  San  Francisco  in  18G0,  still 
breathintj;  venffeance.  He  seemed  to  be  as  much  in- 
censed  against  Pearson  as  against  the  Committee;  at 
all  events  he  regarded  his  chances  for  money  better 
in  that  quarter,  for  he  immediately  brought  suit  in 
the  United  States  District  Court,  and  obtained  judg- 
ment for  four  thousand  dollars.  The  supreme  court, 
however,  reversed  the  decision,  and  the  four  thousand 
dollars  was  cut  down  to  fifty. 

The  trial  lasted  a  long  time.  Says  the  Bulletin  in 
speaking  of  it  the  3d  of  December,  18G5:  "  Duane  is 
in  luck.  Exile  furnished  him  a  fine  capital  to  draw 
on  ever  since.  It  gave  him  a  standing  claim  on 
sympathizing  friends  w^ho  suffered  with  him,  and 
some  who  escaped  his  punishment;  on  democratic 
legislatures,  and  generous  boards  of  supervisors.  Last 
of  all  comes  a  handsome  douceur  of  four  thousand  dol- 
lars; but  we  suspect  the  case  is  not  ended.  It  will 
doubtless  be  appealed,  and  if  justice  is  not  as  deaf  as 
she  is  said  to  be  blind,  it  may  take  some  time  yet  for 
him  to  see  the  color  of  that  four  thousand  dollars 
damages  for  being  saved  from  hanging." 

Duane  likewise  filed  libels  against  the  steam-tug 


CARR  AND  LILLY. 


601 


Hercules,  Goodall  master,  and  the  steamer  Golden  Age, 
(!.:ptairi  Watkins,  which  wore  compromised.  Tlio 
jioMi-egate  damages  in  all  tliese  suits  claimed  by 
hiin  amounted  to  one  hundred  and  twenty-live  thou- 
sand dollars.  With  the  judges  usually  against  them, 
these  suits  were  extremely  annoying  to  the  Com- 
mittee. 

Dilly  Carr  was  once  a  printer  in  New  York  city. 
Coming  to  California  ho  became  gentleman  politician, 
Wiis  arrested  six  times  for  assault  and  butter} ,  and 
once  for  murder,  and  was  once  judge  of  a  first-ward 
election.  It  took  him  five  days  to  coui.t  the  votes 
and  arrange  the  returns  to  suit  him,  which  work  was 
performed,  contrary  to  law,  with  closed  doors.  In 
olccl  ion  fights  he  was  very  quick.  He  was  arrested 
twice  at  the  Sandwich  Islands  for  assault  and  battery, 
and  once  for  being  drunk. 

The  end  of  Lilly  comes  to  us  in  a  letter  from 
Panama:  "Lilly  having  been  expelled  by  the  Vigil- 
ance Committee  in  185G,  went  to  Nicaragua,  where 
lie  traded  and  gambled  by  turns,  and  finally  fitted  out 
a  little  schooner,  which  he  loaded  with  cofiee  at  Pun- 
tarenas  de  Costa  Rica,  to  sell  to  Walker.  The  fili- 
buster chief  bought  a  portion  of  his  cofiee,  and  taking 
in  some  cocoa,  Lilly  cleared  for  Manzanillo,  in  jMoxico. 
Getting  disabled,  he  put  into  Realejo,  where  he  found 
Knote  with  two  vessels.  Knote  advised  Lilly  to  go 
to  La  Union  to  repair,  and  took  him  in  tow.  On  his 
arrival  there  he  took  him  and  his  companion,  Yates, 
on  board  his  own  vessel,  and  put  them  in  irons  under 
a  charge  of  being  filibusters.  He  confiscated  to  his  own 
])C'rsonal  use  the  coffee  and  cocoa,  and  took  away  from 
Lilly  some  fifteen  hundred  dollars  in  money,  a  splendid 
diamond  brooch,  and  other  jewelry.  After  several 
days  Knote  ordered  a  file  of  marines  into  the  hold  of 
the  vessel,  and,  while  the  two  men  w^erc  confined  in 
chains,  had  them  shot.  Lilly  died  immediately,  but 
Yutos,  in  his  agony,  dashed  out  the  brains  of  his  dead 
companion  with  his  irons.     Knote  then  went  out  of 


1 

if 


tfa 


THE  EXPATRIATED. 


th(j  harbor  under  the  pretence  of  getting  watci',  and 
threw  the  bodies  into  the  sea.  Of  course  it  is  rii'ht 
that  reparation  should  be  demanded  for  this  horiihlc 
f)utrage.  But  isn't  it  a  little  strange  that  one  of  our 
national  vessels  should  be  ordered  away  from  a  ])ort 
where,  two  years  ago,  seventeen,  and  God  only  knows 
how  many  more,honest  Americans  were  just  as  brutally 
murdered  by  the  New  Granadan  police,  to  seek  ro])a- 
ration  for  the  murder  of  a  man  who  was  notoriously  a 
bad  citizen,  and  who,  it  may  prove,  was  engaged  iu 
filibustering  against  the  honor  and  interests  of  liis 
country  ?" 

Of  Lewis  Mahoney,  exiled  by  the  people  of  Contra 
Costa  County,  in  the  summer  of  1 850,  we  have  bad  ac- 
counts. He  returned,  was  arrested,  imprisoned  at  San 
Josd,  escaped,  and  afterwards  appeared  at  Oakland, 
v/hero  he  committed  a  robbery,  and  was  finally  caught 
and  imprisoned.  He  was  captured  one  morning,  about 
sunrise,  at  the  house  of  a  Frenchman,  called  French 
Jim,  between  San  Leandro  and  San  i^^itouio,  in  Ala- 
meda County. 

"It  appears  that  Mahoney  had  sold  French  Jim 
a  horse  the  week  previous,"  writes  one,  "and  tliat 
morning  went  to  get  the  balance  of  the  money.  1  lo 
was  mounted  on  a  line  gray  horse,  and  had  a  splendid 
Spanish  saddle,  worth  seventy-five  dollars,  which  he  had 
stolen  from  Estudillo.  French  Jim,  who  in  the  mean 
Vvhile  had  learned  with  whom  he  was' dealing,  arrested 
the  thief  and  convej-ed  him  to  San  Leandro.  He  Mas 
put  on  the  stage  for  the  purpose  of  taking  him  back  to 
San  Jose,  from  the  jail  of  whicli  city  he  had  escaped; 
but  in  the  mean  while  the  robbery  of  the  Spanish 
saddle  became  known,  and  he  was  retained  for  trial  at 
San  Leandro  on  that  charge.  Mahoney  has  been 
figuring  rather  largely  in  the  papers  lately,  on  account 
of  the  robbery  of  the  Boston  House,  in  Oakland,  of 
three  hundred  and  sixty  dollars.  He  applied  for  lodging 
there  one  Saturday  night,  and  was  taken  in;  but  in 
the  morning  he  was  missing,  and  the  money  with  him. 


MIIvE  BIIANNIGAN. 


MS 


Nothing  more  was  heard  of  liini  till  Fiviich  J'uu,  to 
whom  bo  tho  credit,  arrested  him,  as  above  stated. 
Mahoncy  also  figured  some  months  ago  in  San  ^lateo, 
where  lie  was  arrested  before  beinix  taken  to  San  Josu. 
ft  will  bo  at  once  seen  that  he  is  an  active  and  auda- 
cious rascal,  and  well  deserving  tho  utmost  severity  of 
tho  law.  When  Mahoney  broke  from  the  jail  at  San 
Jose,  on  the  night  of  the  8d  of  September,  two  other 
prisoners,  named  John  Norton  and  John  Cain,  escaj)ed 
with  him.  It  is  believed  that  Cain  was  shot  by  tho 
(Icputy-sheriffwho  was  in  pursuit,  but  was  rescued  by 
his  friends.  Tho  sheriff  of  Santa  Clara  County  has 
been  out  for  some  time  with  a  posse  in  search  of  the 
fugitives  and  their  harborers." 

On  the  authority  of  the  Alta,  "Michael  Brannigan, 
one  of  those  expatriated  by  the  Vigilance  Committee, 
leit  New  York  on  the  Texas  on  the  24th  of  September 
last,  and,  loudly  protesting  his  innocence  and  threat- 
ening all  sorts  of  horrible  feats,  announced  his  inten- 
tion of  returning?  to  California  and  sacrificiu'j:  himself. 
He  was  escorted  to  the  wharf  by  Mulligan,  Duane, 
and  Crow.  The  first  few  days  at  sea  he  kept  quiet, 
but  after  that  launched  out  in  a  tide  of  drunkenness 
and  blackguardism.  On  tlie  river  boat  he  was  intox- 
icated, and  exposing  his  person  indecently  in  the  cabin 
lie  was  expelled  by  the  passengers.  Shortly  after- 
ward he  disputed  with  a  negro  about  a  dollar,  when 
one  of  the  passengers  interfered  and  pummelled  !Mr 
Brannigan  severely.  The  captain  then  had  him  tied 
on  the  lower  deck.  At  Virgin  Bay  one  of  tlie  sol- 
diers whipped  him  also,  and  it  was  hard  to  tell  what 
CiAov  his  face  had  been  the  morning  previous.  Cap- 
tain Blethen,  of  the  Sierra  Nevada,  refused  to  allow 
him  to  proceed  to  this  port." 

But  Mike  was  not  to  be  thus  put  down.  A  y- 
porter  at  the  Stockton  state  fair,  on  the  28th  of  Sep- 
tember 1857,  thus  writes:  "Mike  Brannigan,  the 
Vigilance  Committee  exiled  hackman,  arrived  here  a 
day  or  two  since,  from  Sacramento,  bringing  over  a 


C04 


TIIK  KXPATRIATr.D. 


fine  carriajTc  which  he  intoiulod  to  run  (lunn<jf  tlio 
fair,  and  thereby  make  a  pretty  penny.  Mike'.s  jilan 
was  not  a  bad  one,  as  there  doubtless  will  be  more  de- 
mand for  coaches  than  the  limitetl  home  supply  of  a 
small  })lacc  like  this  can  answer.  But,  unfortunately 
for  him,  while  loiterin<]f  about  waiting  for  the  work  to 
betjin,  he  assuaged  his  thirst  too  often  upon  bad 
whiskey,  which  tended  to  inflame  his  passions.  IIaviii;j; 
nothing  or  nobody  else  to  fmd  fault  with,  he  just 
cavorted  around  loose,  and  i)itchcd  into  the  Vigil- 
ance Connnittce.  'This  is  a  law  and  order  town,'  said 
Mike,  'and  a  gentleman  can  here  have  satisfiictioii 
out  of  the  cowardly  vigilants.'  Presently  IMike  got 
too  noisy;  so  he  was  pounced  upon  by  a  constable  and 
marched  off  to  the  calaboose,  and  this  in  spite  of  his 
pertinacious  declaration  that  he  was  a  law  and  order 
man,  n\\d  that  he  always  thought  that  Stockton  was 
a  law  and  order  town!  Next  morning  Mike  was  ai- 
raigned  before  a  squire,  on  a  charge  of  being  noisy  an*! 
disorderly.  He  denied  being  guilty,  and  claimed  a 
jury  trial.  A  jury  was  summoned  composed  of  sii  >n- 
pure  law  and  order  men,  who  patiently  heard  th  - 
dence,  and  found  that  Mike  was  guilty  I  He  wa.. 
tenced  to  pay  a  fine  of  thirty  dollars,  and  to  ton  days 
imprisonment;  and  now  lies  in  durance  vile,  which 
will  continue  for  six  days.  I  fear  he  will  be  at  least  a 
day  after  the  fair  with  his  coach." 

]Mr  Billy  Mulligan  carried  with  him  to  New  York 
all  his  wrongs  carefully  wrapped  in  his  bosom.  Asso- 
ciating there  with  rowdies  of  his  own  class,  he  amused 
himself  by  watching  the  arrival  of  vigilants  at  the 
hotels  and  assaulting  them. 

"  You  are  the  man,  are  you,  who  helped  to  drive 
me  out  of  California?"  he  exclaimed  to  Hiram  N. 
Webb  as  that  gentleman,  on  the  evening  of  the  21st 
of  June  1858,  was  standing  in  the  bar-room  of  the 
^Metropolitan  Hotel.  With  these  words,  IMulligan  dealt 
Webb  a  blow  which  rendered  him  almost  senseless. 


f 


BILLY  MLXLIGAX. 


005 


MuHi;,^an  was  protected  by  his  friends.  Arrested 
iiixt  duy,  lie  underwent  the  t'unn  of  trial,  and  was  dis- 
charged. This  is  but  one  trilUng  example  of  what 
tiavclling  vii^ilants  were  subjected  to  for  years  after 
tlio  crusade  had  closed. 

Billy  found  plenty  to  do  in  New  York.  Durin^jf 
these  years  we  lind  him  often  before  the  police  and 
other  courts.  He  had  a  quarrel  with  John  ^lorrissey, 
the  famous  pugilist,  in  January  18G0,  which  resulted 
in  the  very  non-professional  way  of  settling difliculties, 
[iKading  before  a  justice  of  the  peace.  Out  on  bail,  ho 
was  again  arrested  before  the  next  morning.    And  so  on. 

The  New  York  Exprens  in  an  obituary  of  the  arch- 
villain  says: 

"The  (lentil  of  Billy  ilulligan  creates  considcrnblo excitement  in  this  city, 
wliiVL'  lie  was  well  and  unfavoralily  known  as  a  pugilist  of  the  lowest  character, 
111)  n'i,'ular  prizft-fightereven,  caring  to  associate  with  him,  as  ho  always  found 
iiirnns  to  oscaiie  fnnn  a  regular  prize-fight.  lie  was  a  cooper  hy  trade,  but 
(sciieM  ing  that  honorable  calling  for  the  pleasures  of  the  gambling- house,  he, 
at  an  early  date  in  the  history  of  California,  emigrat  d  to  that  ^tate,  where 
lie  spent  much  <if  his  life  of  dissipation,  and  becimung  mixed  up  with  tho 
r.iiMleriuk  will  case,  was,  in  ISwO,  invited  by  the  Vigilance  Connnittoe  to 
Iriivo.  lleturning  hither  lie  continued  his  career  as  a  blackleg,  and  one  night 
shut  ollicer  Oliver,  of  tiic  fifteenth  precinct,  at  No.  G'20  Broadway,  while  in 
the  discharge  of  his  duty.  Billy  was  tried  for  tiiis  before  Judge  (ioulil,  and 
(111  tlie  "iOthof  December  1800  sent  toSing  Sing  for  four  years  and  six  months, 
.1.  'r.  Brady  and  Richard  Busteed  appearing  for  him.  While  under  Hi'ntcnce 
at  tiie  Tombs  he  married  Mary  A.  Lewis,  a  keeper  of  a  house  of  prostitution 
ill  I  louston  street,  whom  he  afterwards  deserted.  The  supreme  court  admitted 
r.illy  to  bail,  pending  a  new  trial.  Ho  then  aided  in  raising  the  Kinpire  City 
l!i  ginii.'nt  for  tho  war,  but  was  not  permitted  to  leave  the  city  as  its  lieuten- 
aiil-coloiifl.  Grieved  at  this,  lie  left  for  the  shores  of  the  Pacific,  where  ho 
nut  with  his  untimely  end." 

]\Iulligan  came  from  Ireland  to  New  York  at  an 
early  age,  and  thence  to  California  in  1850.  Ho  was 
a  jtrince  among  the  political  roughs  of  the  day,  a 
man  of  great  authority  in  his  party.  No  aspirant  for 
oliice  was  too  proud  to  do  him  reverence.  In  almost 
every  nominating  convention  ho  had  a  seat,  and  was 
more  than  ordinarily  conspicuous  and  influential  in  that 
lliuious  body  which  sold  state  and  municipal  elections 


60G 


THE  EXPATRIATED. 


at  sucli  large  prices,  receiving  twenty-eight  thoi^;aii(l 
dollars  lor  that  of  niavor  alone. 

The  last  tlay  of  January  18G4  saw  Billy  back  in 
San  Francisco.  Ho  was  warmly  received;  indeed  so 
warndy  that  ho  narrowly  escaped  hanging,  l^iglit 
years  was  a  long  time  for  so  faithful  a  devotee  of  the 
drani-sho[>s  to  be  away,  and  yet  the  curb-stones  mi 
jSIontiioinerv  street  seemed  not  to  liave  foraoUen  lii:,!. 
Some  thought  that  news  of  Duane's  success  with  ]  jnii- 
man  and  ]\IcAllister  brought  Billy  back,  but  it  v.ns 
not  so.  ]\Ir  Mulligan  was  not  mercenary.  He  v.as 
a  philosophic  villain.  As  long  as  his  meal-barrel  niid 
brandy-bottle  were  not  empty  he  cared  little  for  IIk' 
rest.  Thus  Billy  basked  in  the  sunlight  of  his  New 
York  and  San  Francisco  iame,  dressing  eleganlly, 
and  eatinij  of  the  best  while  in  San  Francisco  .s' 
the  St  Francis  Hotel,  fronting  the  upper  Clay-str( ct 
corner  of  the  plaza,  luitil  midsunnner  of  the  year  lul- 
lowing. 

Billy's  disposition  was  like  a  wayside  pool,  wliidi 
when  undisturbed  smilingly  glistens  in  the  sunligM, 
but  stirriHJ  it  becomes  thick  with  muddy  wrath.  TIk; 
death  of  this  man  was  strange — stranger  than  liis 
life.  For  some  time  previous  to  the  7th  of  July  18(1  j, 
on  the  afternoon  of  which  day  he  met  his  end,  he  liad 
been  troubled  with  delirium  tremens,  and  lived  in 
constant  dread  of  the  Vigilance  Connnittee,  lest  tin  y 
should  come  and  take  him.  So  oppressed  was  he  \<y 
this  i(l(>a  that  the  night  of  the  Gth  he  could  not  sl('<  [» 
in  his  bed,  but  gave  himself  up  to  the  ])olice  for  \m>- 
teetion.  He  was  locked  in  a  cell  for  the  niglit,  and 
in  the  morning,  appearing  calm,  he  was  set  nt  libeiiv. 
Thence  he  j)roceetled  to  the  St  Francis  Hotel,  lockid 
himscir  in  Ids  room,  and  barricaded  the  dot)r.  About 
idni!  o'clock  a  Chinese  launder  at  work  opposite  was 
surpi'ised  by  a  bullet  which  came  crashing  in  throuuh 
his  window  and  lodged  in  the  wall  in  uncomfortahK; 
proximity  to  his  head.  Investigation  proved  it  ti) 
have  come  from  Mulligan's  pistol  tired  from  jMulligaii's 


MAD  AND  MURDEROUS. 


607 


Avindow.  An  attempt  was  made  to  arrest  him,  but 
the  officer  on  approaching  his  room  was  warned  hack. 
He  swore  the  Vigilance  Committee  should  not  take 
him  alive.  Strategy  was  resorted  to.  An  officer  on 
the  street  sought  to  attract  his  attention,  while  ii;i- 
otlier  stood  on  the  balcony  close  by  his  window  reaily 
to  seize  him  the  moment  lie  put  his  head  out.  ]\Iiil- 
ligan  saw  the  man  on  the  balcony,  and  lired  at  him, 
the  ball  just  grazing  his  head.  This  proceeding  roused 
Mulligan  to  i'renzy.  He  came  out  upon  the  balcony, 
pistol  in  hand,  blaspheming  incoherently,  and  walked 
round  Ih^m  the  front  to  the  Clay-street  side,  where  he 
entered  at  another  open  window.  It  was  now  tli(Hight 
to  try  him  with  his  friends,  but  those  who  knew  him 
best  were  least  inclined  to  approach  him.  Finally 
one  Jack  McNabb,  an  old  and  familiar  com])ani()n, 
undertook  to  pacify  him.  Ascending  tlie  staii's  of  the 
hotel  he  called  to  ]\Iulligan  in  a  friendly  way,  saying 
lie  liad  come  for  Lim  to  take  a  drink,  and  lik(^  jtleasant 
remarks.  Mulligan  levelled  his  pistol  at  liim  and 
warned  him  not  to  come  near.  McNabb  continued  in 
apjiroaeli,  at  the  same  time  speaking  coaxingly  to 
liini,  until  when  within  a  few  feet  of  him  Mulligan 
iired,  the  ball  entering  the  right  breast  near  the  aiiu- 
])it  and  causing  death  within  half  an  hour.  Vouv 
]\IcXabb !  It  was  a  brave  act,  and  for  a  noble  purj  lose. 
The  excitement  now  became  intense, and  round  the 
hotel  the  streets  were  densely  packed  with  peopK-, 
who  like  simple  sheep  thus  congregated  within  i-angc 
of  a  madman's  weapon.  Various  expedients  wt  re 
tried  to  bring  him  out,  but  all  were  unsuceesslul.  So 
matters  continued  until  three  o'clock  in  the  afternoc-n, 
when  tlie  officers  made  another  unsuccessful  attempt 
to  sccui'e  him.  As  officers  wen.'  crossing  the  street 
on  their  way  back  from  the  hotel,  ^rulli;4an  appeared 
at  the  v.indt)W  and  i'nvd  at  them,  but  the  ball  missing 
them  struck  a  passer-by,  one  J<^hn  Hart,  foreman  <  f 
I'Aueka  Hose  Company,  Number  Four,  killing  him 
instantly. 


:i 


i 


603 


THE  EXPATRIATED. 


The  bloody  tragedy  had  now  continued  long  enough, 
and  it  was  determined  to  shoot  the  maniac  at  siglit. 
Officers  were  stationed  on  the  street  and  in  rooin^< 
opposite  the  hotel,  armed  with  Minie  rifles,  for  this 
l)urpose,  but  Mulligan  for  a  time  kept  himself  out  (jf 
view.  Shortly  before  four  o'clock  he  was  seen  to  as- 
cend the  stairs  to  the  upper  story  of  the  liotcl  and 
look  out  of  a  window  on  the  Dupont-street  side  at 
the  crowd  beneath.  Returning  to  the  head  of  tlio 
stairs  he  entered  a  room  on  the  second  floor  of  tI>o 
Clay-street  side,  and  while  opening  tl.>e  swinging  win- 
dow-sash was  fired  upon  by  Officer  Hopkins  from  a 
window  opposite,  and  instantly  killed,  the  ball  passing 
through  his  brain. 

Andrew  J.  Taylor,  popularly  known  as  Natchez, 
the  proprietor  of  a  pistol  gallery  on  Clay  street,  op- 
posite the  plaza,  San  Francisco,  was  a  noted  man  in 
his  day,  the  stormy  time  of  the  gold-harvest,  from 
the  fact  that  liis  services  were  often  required  by  the 
fiery  population  of  the  city,  whose  voices,  like  that  of 
Moloch,  were  always  for  war  whenever  the  sh.'ulow 
of  a  pretext  for  resort  to  arms  arose.  He  loaded  the 
pistol  with  which  Cora  killed  General  Richardson,  the 
pistol  with  which  Casey  killed  James  King  of  William, 
the  pistols  used  by  George  Penn  Johnson  and  W.  I. 
Ferguson  in  the  duel  which  proved  fatal  to  the  latter, 
and,  in  fact,  was  the  general  armorer  of  belligerent 
San  Franciscans.  He  kept  a  fine  stock  of  i)ist()ls, 
guns,  and  knives,  and  was  looked  upon  as  an  exi)ert 
and  sage  in  all  matters  pertaining  to  the  use  of  those 
implements  of  death.  He  was  a  Mississippian  by 
birth,  and  though  his  business  brought  him  in  contact 
with  many  reckless  characters,  was  not  a  quarrelsome 
man,  and  had  many  friends.  Alas  for  Natchez!  lie 
had  been  innocently  connected  with  many  scenes  of 
blood,  and  at  last  fell  a  victim  to  one  of  the  fierce 
little  dragons  among  which  he  passed  his  life.  A 
drayman  named    Travus,  accompanied    by  a   friend. 


BOUTWELL. 


60E 


^vont  into  his  gallery  one  day,  September  the  24th, 
1.S58,  to  look  at  a  pair  of  derringers  he  thought  of 
]iiirchasing.  While  his  friend  was  examining  the  der- 
ringers, Travus  picked  up  a  revolver  from  the  show- 
case and  snapped  it,  having  the  muzzle  carelessly 
pointed  in  the  direction  of  Natchez,  who  stood  be- 
iiind  the  counter.  The  revolver,  unfortunately,  was 
loaded,  and  was  discharged,  the  ball  striking  Natchez 
ill  the  face  and  penetrating  upwards  into  his  brain. 
He  never  spoke  after  the  shot,  and  died  within  two 
minutes. 

The  career  of  Bully  Boutwell,  as  the  commander 
oi'  the  Adams  was  called  after  his  little  bluster  at 
the  foot  of  Sacramento  street,  was  watched  with  some 
interest  by  Californians,  who  with  deep  disgust  re- 
membered him.  The  people  of  San  Francisco  were 
not  so  different  in  their  nature  from  others  as  not  to 
feel  gratified  to  know  that  he  was  a  bad  man,  that 
their  estimate  of  him,  though  made  in  a  heated  mo- 
ment, was  not  far  from  correct.  I  am  sorry  to  say 
there  were  some  in  vigilant  ranks  glad  to  hear  that 
Jl  K  had  trouble  in  Washington,  that  he  playcid  a 
somewhat  disgraceful  part  in  an  affair  with  Lieuten- 
ant Rhind,  that  he  was  tried  by  court-martial  and 
dismissed  the  service,  the  sentence  being  afterward 
mitigated  by  the  president  to  suspension  for  live  years. 
I  forgot  to  mention  that  prior  to  his  departure  IVoiii 
this  port,  the  ladies  of  San  Francisco  were  preparing 
to  present  him  with  a  red  flannel  petticoat  and  a 
nightcap  in  testimony  of  their  estimate  of  his  dis- 
tinguished services  to  his  country  while  here,  and 
ihat  they  were  prevented  from  doing  so  only  by  his 
liasty  departure. 

Pop.  Tiub.,  Vol.  II.    30 


CHAPTER  XXXVI. 


SUITS    AND    ANNOYANCES. 


Ich  bin  Satan,  antwortet  ein  zomiges,  tiefes 

Gebriill,  bin 
Konig  der  Wylt,  die  oberste  Gottheit  unsklavischer 

Geister, 
Die  mcin  Anselin  etwas  Erhab'nerem,  als  den 

Geschitften 
Himmlischer  Siinger  bcatimmt. 

KlopstocL 

Little  more  remains  to  be  said  concerning  the 
issues  arising  from  the  Grand  Tribunal. 

INIombers  of  the  vigilance  committees  did  not 
always  escape  the  wrath  of  those  they  hunted  to  the 
death.  If  we  except  the  harassing  prosecutions  of 
the  sufferers  at  the  hands  of  the  San  Francisco  Com- 
mittee of  185G,  there  were  remarkably  few  important 
or  successful  retaliations.  Quite  a  number,  however, 
more  particularly  in  the  regions  of  Nevada,  Idaho, 
and  Montana,  sacrificed  their  lives  to  their  zeal  in 
exterminating  crime. 

Several  attempts  were  made  to  prosecute  certain 
members  of  the  Vigilance  Committee  subsequent  to 
its  disbanding;  but  such  attempts  were  ineffectual, 
lor  it  soon  became  evident  that  serious  bloodshed 
would  follow  prosecutitm  b}^  the  United  States  of  any 
of  those  who  had  risked  their  lives  for  the  genoial 
good.  The  executive  committee  met  frequently  (lur- 
ing the  year  following  the  great  purgation,  and  gavi^ 
those  who  were  arrested  every  protection,  and  ei^lit 
thousand  citizens  whose  sense  of  justice,  whose  lives. 
and  the  welfare  of  their  famihes  were  dearer  to  thoni 
than  even  obedience  to  law,  stood  ready  to  answir 

(010) 


ARRESTS  IN  NEW  YORK. 


Gil 


the  summons  of  the  vigilance  bell  at  a  moment's 
warning. 

By  the  steamer  of  the  20th  of  August  ISTsG,  !Mr 
William  T.  Coleman  sailed  for  the  east,  laden  witli 
the  heart-felt  gratitude  of  all  good  citizens.  After 
the  steamer  had  sailed  it  was  reported  that  two  assas- 
sins sworn  to  kill  him  had  come  down  from  ]\[oki;l- 
unme  Hill,  and  had  taken  passage  by  the  same  vessel. 
The  second  day  of  the  sailing  of  the  steamer,  a  man 
supposed  to  be  one  of  the  conspirators,  was  arrested 
by  the  vigilant  guoras  and  placed  in  Cf)niinement. 

Under  the  caf)tion  Damnum  absque  injuria,  one 
writes  the  lOtli  of  November  185G: 

"  The  annoyance  to  which  members  of  the  late  Vigilance  Committee  are 
sul)jc'cted  by  the  mnrderors,  thieves,  and  ballot-box  stuffing  individualn  wlioiii 
they  were  so  lenient  as  <,o  lianish  from  our  midst,  is  at  this  time  exciting  no 
little  feeling  of  indignation  among  our  citizens.  A  great  many  vrvvc  at  lii-;t 
"!is]i()sed  to  make  light  of  the  matter,  and  to  think  that  notliing  would  result 
f:iiiii  such  flimsy  ^n^its  Pa  have  V)cen  brought  by  those  disgraceful  characlci'.'i. 
r.ut  now,  when  they  are  informed  that  some  of  the  shrewdest  lawyers  in  Xcw 
^^)rk  have  so  far  prostituted  their  talents,  reputation,  and  profession,  as  t:) 
undertake  the  cause  of  lUese  villains,  some  of  whom  must  be  i.nown  to  their 
cnunsel  to  be  pardoned  state-prison  convicts,  not  for  the  justice  of  their  cause, 
but  for  the  black-mail  they  may  be  able  to  levy  on  parties  visiting  Nmv  York, 
Avho  would  rather  pay  a  fewliundred  dollars  than  be  subjected  to  legal  ilelays, 
jiiuioyanccs,  and  uncertainties,  our  citizens  arc  beginning  to  feel  justly  iu- 
<li;^nant,  and  to  believe  tliat  a  vigilance  committee  is  as  essential  for  tlm 
J  uriticatiim  of  New  York  as  it  was  for  this  city.  The  jiarJes  engaged  in 
tlius  liauipering  our  merchants  and  black-mailing  our  citizens  visiting  the 
< .i.-i,  have  not  the  pecuniary  interest  of  their  villainous  clients  in  view  at  all. 
'J "hey  use  them  only  as  the  instruments  to  ilU  tlieir  own  coffers,  to  enable  them 
t'l  live  luxuriously  Jiud  fare  Mii!i;)tuously  at  the  expense  of  our  citizens.  In 
ii'.l  [iroljability  tlie.se  very  parties  at  this  time  are  advancing  a  niontlily 
stipi'ud  to  tiic  hardened  sc!)undrels,  their  clients,  sufficient  to  gratify  th'ir 
lircDtious  appetites,  so  as  to  keep  them  on  hand  to  be  used  for  their  \  ile 
piu'iioses." 

During  the  winter  of  185G--7  Mr  Truett  visited 
the  cast.  While  there  he  made  no  effort  at  conccal- 
iiient,  but  transacted  his  business  in  New  Yoik  and 
elsewhere  ()[)e!ily,  and  as  usual.  Nor  was  he  molested 
ill  any  way  until  on  the  Oth  of  February,  when,  alter 
having  boarded  the  steamer  Illinois  for  the  purpose  of 


;"t 


612 


SUITS  AND  ANNOYANCES. 


I'cturniiig  to  California,  he  was  arrested  at  the  instaiu'o 
of  ^laloney  and  ^lullij^an,  and  required  to  j^ive  l)ail 
in  the  sum  of  fortv-five  tliousand  dollars.  The  New 
York  Hcnihl  gave  a  garbled  statement  of  the  aifair. 
affirming  that  Truett  went  on  board  disguised  in  ivd 
whiskers,  slouched  hat,  and  coarse  dress,  that  lie 
huddled  himself  under  a  berth  in  great  fear,  and  tliat 
he  appealed  to  the  crowd  for  protection;  all  of  wliich 
was  false. 

At  one  time  there  were  in  New  York  three  suits 
pending  against  Mr  Truett,  who  was  then  under  hail 
for  about  two  hundred  and  eighty  thousand  dollars. 
His  bondsmen  were  C.  K.  Garrison,  William  Tuni- 
bull,  and  others;  and  for  counsel  there  were  Cliarls 
O'Conor,  Mr  Girard,  John  Hackett,  Barlow,  and 
Laroch,  for  the  defence,  and  James  Brady  and  othei's 
for  the  [)rosecution.  The  cases  did  not  come  uj)  f<  r 
trial  inunediately  after  the  first  arrest;  but  !Mr  Trui.tt 
was  allowed  eijjht  months  in  California  durinix  the  in- 
terval.  He  then  returned  to  New  York  to  defend  liis 
own  suits  and  to  assist  ]\Ir  Coleman,  who  was  wdl 
nii>h  overwhelmed  bv  similar  charij^es  and  claims. 

O'Conor's  argument  was  that  when  a  people  were 
dissatisfied  with  their  government  they  possessed  the 
right  to  rebel  and  reorganize,  which  was  very  like  tlio 
line  of  reasoning  advanced  by  Balie  Peyton  and  Foot 
in  California,  and  by  this  same  O'Conor  subsequently 
in  his  defence  of  Jefferson  Davis  at  Washington.  It 
M'as  the  line  of  aro-unjent  of  the  whole  southern  con- 
federacy,  ef  these  very  law  and  order  men  who  as  ;i 
class  were  southern  and  secession;  only  when  it  af- 
fected them  unfavorably  they  were  against  it.  This, 
then,  makes  the  Vigilance  Committee  in  princijili! 
secessionists,  one  might  f^ixy.  B}^  no  means.  Fii>t, 
the  Conmiittec  were  not  rebels,  were  not  dissatislicd 
with  the  government,  and  made  no  attempt  to  om  i- 
throw  it;  and,  secondly,  had  they  done  so  it  woiiU 
have  been  because  the  government  was  impotent  aixl 
inadequate,  and  not  because  they  coveted  power.    But 


PROSECUTIOX  OF  DOWS. 


013 


not  to  put  too  fine  a  point  on  it,  I  hold  that  tlie 
southern  states,  that  the  Pacific  states,  that  the  Coni- 
niittce  of  Vigilance,  or  any  portion  of  any  state,  con- 
ilderation,  or  colony,  has  the  right,  if  it  has  the 
.strength,  to  rebel,  to  overturn  their  goverruncnt  and 
establish  a  new  one,  for  in  such  a  case  might  makes 
light;  that  is  to  say,  the  will  of  the  majority,  or 
the  preponderating  element  of  society,  rules  in  jdl 
free  governments,  and  the  strongest  side  is  supposed 
to  be  the  will  of  the  majority.  But  whether  it  be 
right  or  wrong  it  is  true  and  palpable.  It  is  thus  the 
universe  and  all  things  in  it  are  made.  Might  will 
prevail.  The  strongest  will  rule.  And  if  it  be  not 
right,  the  fault  must  be  charged  to  the  creator,  for  so 
lie  has  made  everything  that  is  made. 

While  these  exasperating  and  expensive  suits  were 
in  progress  Maloney  died,  and  with  him  the  suits. 
There  were  few  the  world  could  better  spare.  He 
had  brought  much  trouble  upon  many  good  men. 
Society  was  the  better  for  his  departure.  He  was  a 
l)ud  man  of  not  the  lowest  order;  for  Irish  so  recently 
arrived,  his  father's  family  was  doing  pretty  well 
in  American  politics,  better  somewhat  than  at  rum- 
selling  or  railway-grading.  He  had  two  brothers  in 
congress,  one  from  Maine,  and  one  from  Illinois,  and 
these  were  determined  to  send  him  back  to  California 
as  United  States  store -keeper.  That  would  indeed 
be  a  triumph;  to  appear  in  San  Francisco  under  tlie 
patronage  of  government  while  the  vigilant  deatli 
penalty  was  hanging  over  him.  But  it  would  like- 
wise have  involved  the  Committee  in  difficulty  with 
the  government  to  have  hanged  him,  which  they  as- 
suredly would  have  done;  so  it  was  thought  best  for 
]Mr  Truett  to  goto  Washington  and  defeat  him,  wliieli 
lie  did,  and  which,  as  everybody  knows,  required 
money. 

One  hundred  thousand  dollars  was  what  Mr  ^[a- 
louey  wanted  from  Mr  Dows,  whom  he  caught  in 
New  York,  and  not  a  cent  less.     It  was  worth  that. 


614 


SUITS  AND  ANNOYAyTES. 


counting  feelings,  and  loss  of  political  and  other  tliicv- 
iiig  opportunities.  This  little  bill,  presented  by  the 
court  of  common  pleas  the  21st  of  March  1859,  in- 
cluded assaulting  and  battering  of  which  there  was 
none,  and  suffering  of  which  there  was  some,  for  in 
reality  Reuben  did  not  know  but  that  he  would  bo 
lianged  in  company  with  Terry,  Brace,  and  Hetlior- 
ington.  The  trial  came  up,  Mr  Billy  Mulligan  being 
(•onspicuously  and  obnoxiously  present  as  lobby,  court, 
and  counsel.  Mr  Maloney  deserves  the  thanks  of  a 
grateful  posterity  for  dying  so  soon.  Courts  arc  more 
uncertain  than  death. 

The  expenses  of  these  suits  were  very  great;  and 
coming  as  they  did  somewhat  unexpectedly,  and  after 
tlie  heat  and  burden  of  the  three  months'  labors,  at 
a  time  when  the  reformers  had  hoped  to  unharness 
finally,  made  them  all  the  harder  to  bear.  But  the  Coni- 
niittec  and  the  people  responded  promptly  to  these 
demands.  There  was  no  hesitancy,  no  wavering,  but 
as  the  money  was  required  it  was  raised,  and  all  obli- 
gations met.  Let  one,  the  humblest  member  of  tlio 
(.'onnnittee,  be  touched,  and  all  felt  it;  to  institute 
court  proceedings  against  one  member  of  the  Com- 
mittee as  such  was  the  same  as  bringing  suit  against 
the  whole  eight  thousand. 

Mr  Coleman  was  arrested  in  New  York  the  18tli 
of  September  185G,  on  complaint  of  James  R.  ^li\- 
loncy,  who  stated  in  his  affidavit  that  while  perform- 
ing his  duty  in  guarding  certain  arms,  the  property  of 
tlie  state  of  California,  he  was  seized,  handcutied,  and 
finally  expelled  from  the  state  by  an  unlawful  organi- 
zation known  as  the  San  Francisco  Committee  of 
Vigilance,  of  which  William  T.  Coleman  was  leader; 
and  this  to  his  great  personal  and  pecuniary  damage. 
As  Coleman  was  reputed  rich,  the  plaintiff  begged 
that  he  might  be  held  in  the  sum  of  one  hunched 
thousand  dollars.  He  was  released,  however,  by  the 
court  on  giving  ton  thousand  dollars  bail.  Mr  Colt- 
man  v:as  subjected  to  the  greatest  annoyances  while 


COLEMAN'S  LETTER. 


615 


at  the  east.  Besides  orders  of  arrest  and  expensive 
suits,  his  steps  were  dogged,  and  his  Hfe  repeatedly 
threatened. 

Herewith  I  give  a  letter  from  Mr  Coleman  in  rela- 
tion to  aflfairs  in  New  York : 


'/as. 


Dows, 
Francisco 


"New  York,  April  5,  1857. 
T.  J.  L.  Smiley,  G.  J.  Dempster,   Ify.  M.  Hale,  Esqs.,  San 


"Deab  Sibs:  The  case  of  J.  R.  Maloney  va.  Jaa.  Dowa  was  brought  on 
in  the  court  of  common  pleas  in  this  city  ou  Monday  tlie  21st  of  March.  Not- 
M-ithatanding  all  our  efforts  to  stave  off  that  auit,  and  bring  on  the  case  of 
^Mulligan  va.  Coleman  (a^  being  a  better  one  for  us  to  try  first),  they  succeeded 
to  their  satisfaction  in  getting  the  case  in  court,  and  we  succeeded  after  a 
hard  fight  in  getting  them  out  of  court  completely — nonsuited  them  ou  the 
ground  of  want  of  jurisdiction  in  the  courts  of  New  York. 

"When  we  entered  on  the  suit,  this  was  one  of  the  grounds  we  designed 
taking,  but  not  knowing  how  it  would  be  entertained  or  d'  aided  by  the  court, 
we  determined  to  defend  ourselves  on  every  other  point,  and  from  the  open- 
ing to  the  close  we  had  one  of  the  liandsomest  hard-fought  battles  ever 
occurring  in  a  New  York  court ;  our  counsel  fighting  every  inch  of  the  way, 
and  every  moment  securing  advantages.  They  proved  Mr  Dows  a  mendwr 
of  the  Committee  from  hia  own  statements,  etc.,  and  there  was  tlieir  only 
glory.  But  they  proved  also  that  tlie  Vigilance  Committee  was  a  rev(jlution — 
an  insurrection,  and  all  that,  which  we  wanted.  Mr  Maloney  then  got  ou  the 
stand.  We  made  him  prove  a  great  deal  that  was  desirable,  including  the 
fact  that  he  was  an  active  member  of  the  Committee  of  'Jl,  etc.  Oli,  how  he 
sweated  for  about  two  days !    He  was  a  lovely  customer. 

"  The  testimony  for  the  prosecution  through,  we  began  the  defence  by  a  mo- 
tion for  nonsuit,  relying  on  two  poiuta  (iia  you  will  see  more  fully  by  the  printed 
rt^ports  we  send  you):  first,  want  of  jurisdiction  iji  New  York;  ai.d  srcond, 
that  the  Vigilance  Committee  was  a  rebellion,  an  insurrection,  a  revolution,  and 
therefore  no  action  against  its  members  would  hold  in  a  mere  civil  s  lit  liere. 

"Ik'tween  two  and  three  days  were  sjient  in  arguing  these  poiiiw.  One 
of  Mr  O'Conor's  arguments  being  over  six  hours  long,  and  finally  ciie  judge 
ruled  in  our  favor,  much  to  the  mortification  and  rage  of  the  oi-positf  party. 
Tliey  immediately  moved  for  a  new  trial — refused;  then  tiiey  gave  notice  for 
an  appeal,  and  will  carry  it  to  the  court  of  api)eals.  Meantime  Mr  Maloney 
says  he  will  push  his  other  suits  witiiout  delay,  and  we  are  ready  to  meet  liim. 

"  Lawyers  disagree  about  the  judges'  decision,  but  we  tliink  it  good  hiw, 
and  that  it  will  hold  the  world  over.  We  are  willhig  to  sbuid  by  it  and  test 
it  further  anyway.  It  is  our  desire  to  have  it  wide-spread  ai;J  discus.sed 
fully  ))efore  any  other  cases  come  up. 

"I  dropped  all  other  business  and  attended  exclusively  to  this  case  fop 
eight  days — and  nights  too.  Friend  Truett  was  on  liand,  and  witli  th(^  many 
friends  that  rallied  around,  we  had  a  pretty  strong  force,  and  actually  out- 
numbered the  'roughs'  in  court,  and  carried  the  day  by  nun:'>ers  aa  well  as 


m 


SUITS  AND  ANNOYANCES. 


every  other  way.  We  had  witnesaes  from  the  west,  from  Philadelphia,  Boston, 
and  uU  over  tiie  country,  when  we  could  get  a  valuable  one ;  and  were  will 
fortified  in  that  particular  as  in  every  other.  The  expense  was  large  neces- 
sarily, but  it  wouldn't  do  to  be  at  all  parsimonious  in  a  case  like  this;  and  an  tlio 
opposition  were  moving  heaven  and  earth  as  far  as  they  could,  it  became  uti 
to  be  moving  also — and  we  did. 

"Our  expenses  have  been  heavy.  We  paid  §2,500  additional  counsel 
fees,  and  a  great  many  smaller  sums,  which  will  all  appear  in  duo  coui-m'. 
Being  ulx>ut  out  of  money,  and  having  little  or  no  chance  of  raising  much  here, 
Truett  and  myself  deemed  it  best  to  draw  on  you  at  30  days'  sight  for  $r),(K)(), 
wiiich  we  did,  and  trust  you  will  duly  honor.  This  leaves  us  a  little  baliiiiLU 
on  hand,  which  will  all  be  wanted,  and  perhaps  soon,  as  we  are  by  no  mciins 
out  of  the  fight  yet,  although  wo  have  so  much  the  advantage  of  them  imw. 
Our  position  is  now  good  here,  better  than  we  had  reason  to  expect,  and  liy 
being  on  hand  with  a  fair  amount  of  means,  and  plenty  of  pluck,  we  can  di-ivu 
the  scoundrels  out  of  New  York,  and  away  from  any  position  in  which  they 
will  be  seriously  annoying,  but  it  will  require  considerable  work  and  attention 
yet,  and  a  judiciously  liberal  outlay  of  money;  I  thuik  §15,000  here,  aiul 
§10,000  in  California,  will  beat  them  all  to  death,  as  far  as  suits  arc  concerned, 
and  although  that  appears  like  a  large  sum,  yet  out  of  G,000  people  ut  leiist 
1,000  will  contribute,  and  §25  average  each  of  these  will  make  the  sum.  It 
that  much  can  be  raised  now  I'll  go  §1000  of  it  individually,  if  necessaiy, 
though  I  assure  you  I  have  spent  a  great  deal  for  the  good  of  the  cause  and  in 
defence  of  these  suits  and  of  our  friends  that  will  never  appear  except  in  its 
benefits. 

' '  Let  me  ask  of  you  to  meet  this  draft  promptly,  to  raise  all  the  money 
you  can,  and  not  ask  for  small  amounts.  Keep  all  cases  in  California  from 
judges,  but  have  juries  in  all  cases.  Be  of  good  cheer  and  it  will  all  come  out 
right  and  bright. 

"  With  best  compliments  to  all,  I  remain  as  ever, 

"  Truly  yours, 

"WiLUAM  T.  Coleman." 

Before  an  Executive  meeting  held  Saturday  after- 
noon the  15th  of  November  1856,  New  York  letters 
as  follows  were  read:  one  from  James  Dows,  one  from 
Truett  and  Rogers  jointly,  and  one  from  William  T. 
Coleman.  The  communications  were  addressed  to 
the  Executive  Committee  of  Vigilance,  and  contained 
particulars  of  suits  begun.  Accompanying  Mr  Colo- 
man's  letter  vas  the  draft  of  a  bond  intended  for  exe- 
cution by  members  of  the  Committee  in  San  Francisco. 
The  question  of  signing  the  bond  was  discussed,  but  it 
was  not  approved.  Each  member  of  the  general  com- 
mittee was  then  assessed  five  dollars  towards  a  fund 


f  )r  me 
Comm 
]']ach  1 
consult 
But 
to  the 
ill  Ne^\ 


RAISING  FUNDS. 


Wf 


f  )r  mooting  the  expenses  incurred  by  members  of  the 
Committee  defendinir  suits  in  New  York  and  elsewhere. 
J']ach  member  of  the  Executive  was  then  requested  to 
consult  his  attorney  individually  regarding  these  suit.s. 

But  while  the  Committee  respondefl  tlius  promptly 
to  the  call  of  its  members  attacked  by  the  ex})atriated 
ill  Xow  York,  it  did  not  hesitate  to  enter  its  protest 
against  unnecessary  exposure.  "Whereas  the  obliga- 
tions of  each  and  every  member  of  the  Committee," 
says  a  resolution  of  the  Executive  pa.ssed  the  21st  of 
November  185G,  "is  such  as  to  make  it  obligatory 
iH»on  them  to  protect  and  indemnify  one  another  from 
all  anno^^ances  arising  from  being  members  of  the  Com- 
mittee of  Vigilance  to  every  reasonable  extent;  there- 
fore, resolved,  that  we  deem  it  inexpedient  and  unjust 
ill  any  member  or  members  of  the  executive  or  gen- 
eral committees  to  visit  the  eastern  cities  while  such 
a  state  of  things  exists,  relying  upon  the  Committee 
lure  to  sustain  and  indemnify  them;  that  no  member 
of  the  Committee  has  a  right  by  his  voluntary  acts 
to  involve  the  whole  Committee  in  pecuniary  loss,  and 
when  such  is  the  case  all  honorary  obligation  ceases; 
that  the  foregoing  resolutions  are  not  intended  to 
apply  to  such  parties  as  left  here  previous  to  the  news 
of  arrests  in  the  city  of  New  York.' 

By  the  steamer  of  the  20th  of  December  the  Com- 
mittee sent  Mr  Coleman  one  thousand  dollars  to  servo 
to  defray  in  part  the  expenses  incurred  by  the  suits 
then  pending.  A  month  later  the  Committee  wrote 
]\[r  Coleman  requesting  him  to  hasten  the  suits 
against  him  to  an  immediate  issue.  Five  hundred 
dollars  was  applied  to  Mr  Dows'  New  York  account 
the  22d  of  Ma}''  1857.  The  next  steamer  one  thou- 
sartd  dollars  was  sent  to  Mr  Coleman.  The  2d  of 
^Eay  1857  letters  were  received  from  Truett  and 
( 'oleman,  stating  that  the  New  York  suits  had  been 
di'cided  in  favor  of  the  Committee.  These  advices 
were  accompanied  by  a  draft  of  five  thousand  dollars 
oil  H.  M.  Whitmore,  treasurer,  negotiated  through 


10 


m 


mi 


CIS 


SUITS  ASD  ANNOYANCES. 


Duncan,  Sherman,  and  Company,  New  York.  Tlu- 
draft  was  promptly  accoptod;  the  members  markiiiLf 
on  paper  the  amount  for  which  each  would  become 
lesponsihlo  m  i)ayment  of  the  draft.  At  the  meutiii^ 
of  May  1,  1857,  Mr  David  announced  the  necessity 
of  aifain  raisiuff  funds  for  the  defence  of  members  of 
the  Committee  a<;ainst  whom  actions  were  broui-lit 
in  New  York  and  elsewhere.  Accordingly  a  com- 
mittee was  appointed  to  devise  ways  and  means. 

The  San  Francisco  Herald  havinj;  attained  an  in- 
glorious  end,  its  editor  still  keeps  biting  the  file  in 
becoming  the  champion  of  the  now  returning  rascals. 
We  have  seen  him  in  the  Green  suit.  Subsequently 
he  appears  for  Duane  and  others.  The  Bulletin  anya 
of  him  the  13th  of  August  18G0: 

•'The  ex-nilitor  of  the  Ilerahl,  John  Nugent,  is  not  yet  satisfied;  lie 
wnsteil  four  years  of  his  newspaper  life  in  making  war  against  the  great  ru- 
form  government  in  this  city,  and  had  the  satisfaction  merely  of  demolishing 
liiniself  iu  the  contest;  the  reform  went  up,  and  his  journal  went  down.  His 
fonner  political  friends  and  partners  having  at  last  found  it  expedient  to  jiay 
him  to  (juit  the  paper,  ho  has  carried  his  energies  into  another  profession; 
hut  there  he  seems  to  he  pursued  by  his  old  monomania,  hatred  of  the  gmul 
citizens  of  San  Francisco;  and  ho  spends  his  time  in  fanning  the  llames  ni 
discord,  and  in  keeping  alive  the  expiring  embers  of  hatred  and  malice  thii. 
imfortunately  still,  more  or  less,  divide  our  community.  The  Cirecn  case  is 
familiar  to  our  readers ;  it  terminated  a  few  days  ago  to  the  utter  discomfit- 
ure of  Nugent  and  his  virtuous  clients,  who  instead  of  enjoying  a  large  fdi- 
tunc  in  the  shape  of  damages  for  their  hard  treatment  liy  the  Vigilanci' 
Connnittee,  have  the  satisfaction  of  paying  a  portion  of  tho  heavy  costs  of 
their  suit.  Foihd  in  that  attempt,  Mr  Nugent  has  found  another  client. 
Cliarley  Duane,  the  redoubtable  Dutch  Cliarley  himself,  is  now  the  iiijnuil 
individual  who  puts  iu  a  claim  for  a  salvo  of  damages  to  heal  his  wouniKil 
fortunes.  This  time,  however,  the  suit  is  not  against  our  citizens.  In  onler 
to  get  the  case  into  the  maritime  court,  where  a  single  judge  will  be  arliittr, 
and  a  jury  not  have  the  privilege  of  trying  the  issue,  Duane  sues  Captain 
AVatkins  and  Watson  his  first  ofiicer  and  Captain  Pearson,  who  conunaipKil 
the  steamers  that  took  him  off  when  he  was  banished  by  the  Vigilance  (\<n\- 
niittee ;  or  who  refused  to  bring  liim  back,  .against  the  sentence  of  the  Vigilance 
Committee,  when  he   desired  to  come  back.     Each  of  these  gentlenu'ii  is 

asked  to  pay  the  nice  little  sum  of  fifty  thousand  dollars ;  and  Charles  G 1- 

all,  master  of  the  steam-tug,  is  sued  also  for  an  additional  trifle  of  tw  eiity- 
five  thousand  dollars  f(jr  his  share  in  conveying  the  departing  patriot  fnini 
the  wharf  to  the  steamer,  when  he  was  outward  bound.  Should  CliaiKy 
euccced  in  getting  all  he  asks  he  will  have  quite  a  snug  little  fortune  of  his 


AT  SACRAMENTO. 


C19 


own  i  one  hundred  and  twenty-five  tliousond  dollars  ia  not  to  1)0  sneezed  at ; 
and  buing  mudo  a  martyr  of  will  bo  the  Wst  day's  work  ho  ever  did  in  his 
litu,  whiuli  perhaps  is  not  saying  much,  us  he  is  not  accused  of  ever  having 
buiii  partial  to  work  of  any  kind. 

"  Jhit,  pleasantry  aside,  we  dc^  think  that  Xugont  miglit,  if  ho  tried  Imrd, 
liiid  a  more  reputable  ondprofita'ilu  way  of  empluying  his  professional  talents 
than  in  bringing  vexatious  suits,  at  the  instance  of  notorious  vagabonds,  to 
worry  decent  people.  Thero  is  no  money  to  be  made  by  keeping  up  tliis  an- 
noyance, and  we  cannot  understand  tlii'  manliness  of  such  petty  exhibitions 
of  spite.  Four  or  tivo  years  siiuuld  bo  enough  tu  cool  the  most  oUIurato 
liver.  Time,  the  great  comforter,  lias  almost  obliterated  the  wounds  tliat 
r.iidiled  in  days  past.  Why  adopt,  tiieu,  tiio  diabolical  calling  of  tlirustiug 
nicildlosomo  lingers  into  the  healing  flesh,  and  tearing  apart  the  old  gashes !" 

J.  P.  Maiirow  was  sued  by  Hennessey  at  Dowiiie- 
ville  in  September  1858.  The  case  came  U})  for  trial 
ill  the  district  court  at  Sacramento  the  9th  of  June 
18J9,  upon  a  change  of  venue,  no  jury  satisfactory  to 
the  plaintiff  being  obtainable  at  the  former  place. 
When  called  for  trial,  the  plaintiff  failing  to  put  in 
an  appearance,  the  case  was  dismissed. 

From  Sacramento  one  writes  the  loth  of  February 
1858: 

"Ned  McGowan  and  his  gang  committed  an  assault  on  Mr  John  Centcrof 
San  Francisco,  last  evening  at  tho  Forest  theatre.  It  seems  a  poor  f(jol  of  an 
old  man,  m-1io  is  called  Judge  Garland,  took  a  Iwnefit.  A  number  of  rowdies 
bought  tickets,  and  as  soon  as  tho  judge  opened  his  mouth  on  tlie  stfige,  eom- 
uienced  pelting  him  with  rotten  eggs,  potatoes,  cabbages,  and  other  vegetables. 
They  would  run  him  off  the  stage,  then  bring  him  back  to  again  repeat  tho 
sjKirt.  This  fun  was  kept  up  till  it  lost  its  novelty,  when  Nod  McCtowan  rose 
in  his  seat,  and  declared  that  he  saw  among  the  audience  one  of  the  danmcd 
i~triinglers,  a  man  who  had  carried  a  uuisket  for  the  Vigilance.  With  this  the 
lights  were  put  out,  a  rush  made  for  Center,  who  was  knocked  down  and  ter- 
rilily  beaten  before  he  could  make  his  escape.  It  is  well  to  say  here,  that  be- 
fore tliis  happened,  the  more  respectable  portion  of  the  audience,  liecoming 
ilisgusted  at  the  treatment  of  Garland,  had  left  the  house.  So  far  as  I  kuow, 
110  arrests  have  been  made.  How  long  will  Xed  McGowan  and  his  crowd  be 
iillowed  to  abuse  peaceable  citizens?  Where  are  tlie  advocates  of  law  and 
order  now?  Is  a  sound  heard  from  them  in  condemnation  of  these  outnige.s? 
I  a  truth,  do  tliey  not  sympathize,  aid,  and  aliet  in  their  commission?  Is  it  not 
thi'  boast  of  ^IcGowau  that  ho  has  made  money  by  assaulting  tlie  'danmcd 
-tranglers,'  that  his  fines  are  always  paid  by  his  friends,  and  something  hand- 
.>^  juie  besides?  I  am  no  prophet,  but  I  predict  that  there  will  be  u  rising  of 
tho  people  in  the  capital  of  the  state,  a  vigilance  committee  if  you  will,  that 
Mill  sweep  these  scoundrels  from  tho  face  of  iiie  earth,  iu  less  tUau  a  twelve- 
mouth." 


620 


SUITS  AND  ANNOYANCES. 


The  Sacramento  Dec  of  the  1st  of  February  ISjS 
gives  the  following: 

"We  have  been  told  that  there  is  now  in  Sacramento  a  young  man,  who 
acted  as  scribe  or  deputy-secretary,  for  a  time  at  least,  for  the  San  FianciMD 
vigilants.  He  came  upon  S-iturday  morning,  and  when  going  to  hia  hotol 
last  evening  he  was  dogged  by  two  men.  Ho  went  to  his  room,  and  soon  ic- 
turncd  to  the  street  door,  and  saw  the  same  parties  on  the  sidewalk,  one  i>u 
each  side  of  the  doorway.  One  said,  on  his  approach,  'Hero  is  the  diunm  d 
strangler,'  whereupon  some  four  or  five  others  approached,  and  to  save  liini- 
self  the  young  man  retired  to  his  room.  The  parties  remained  near  tho  Imtil 
some  time,  swearing,  antl  tiireutcning  vengeance.  We  iuive  heard  of  residi'nt.s 
of  .San  Francisco,  merchants  and  others,  who  came  here  on  busincs.s,  bciii;^ 
dogged  about  the  streets  after  uigiit,  and  their  persons  endangered." 

At  the  instigation  of  Adjutant-general  W.  C.  Kibbo, 
piqued,  it  was  said,  by  some  vigilant  occurrence,  a 
court-martial  was  convened  for  the  trial  of  Captain  T. 
D.  Johns,  of  the  California  Guard.  Tho  charge  was 
nominally  for  disobeying  the  orders  of  the  governor 
when  called  upon  to  take  action  against  the  citizrn.s 
t)f  San  Francisco.  Johns  commanded  one  of  the  vol- 
unteer companies,  it  will  bo  remembered,  which  did 
not  come  out  at  the  governor's  call.  Like  verdigris 
upon  a  brass  breastplate  tho  stain  had  rested  on  Cali- 
fornia's escutcheons,  and  Kibbe  determined  now,  afttr 
the  lapse  of  two  years,  to  rub  it  off.  After  certain 
necessary  military  fuss  and  feathers  Johns  was  hon- 
orably discharged.     This  was  in  June  1858. 

At  an  Executive  meeting  composed  of  twenty  mem- 
bers, lield  the  21st  of  August  1857,  the  following 
resolution  was  oftbred  and  discussed  but  not  passed : 

"lirsolvil,  by  and  with  tho  concurrence  of  tho  board  of  delegates,  Tli;it 
all  existing  resolutions  of  exiuitriution  and  penalties  are  hereby  rescindfil,  ti> 
take  eti'ect  on  and  after  the  3d  of  September,  and  that  the  same  be  made 
public  by  publication." 

The  matter  was  laid  over  for  final  action  to  the  .")tli 
of  September,  at  which  time  it  was  agreed  that  eigli- 
teen  votes  should  be  required  to  carry  the  resolution; 
and  the  question  was  again  post|)oned.  At  the  meetiun" 
of  the  13tl>  of  September,  a  petition  signed  by  several 


ADDRESS  OF  THE  EXECUTIVE. 


621 


citizens  was  hantlod  the  Executive,  recommending' 
that  tlie  decree  of  banishment  be  rescinded.  Finally, 
after  much  discussion,  the  resolution  to  rescind  passed 
tlie  Executive,  twenty  ayes  to  six  noes,  and  the  dele- 
gates, thirty-three  ayes  to  twenty-two  noes. 

The  Bulk'tin,  whose  disease,  where  vigilance  matters 
were  concerned,  was  now  chronic,  before  the  i)ublica- 
tion  of  the  Executive  address,  namely,  in  its  issue  of 
the  14th  of  October,  deprecated  the  action  of  the  Ex- 
ecutive as  usual.  In  the  view  it  took  of  the  question 
it  stood  almost  alone,  and  seemed  actuated  by  petu- 
lant opposition  rather  than  by  sound  common  sense. 
Its  arguments  are  puerile,  illogical,  and  not  worth 
(|iioting.  After  the  publication  of  the  address,  three 
(lays  later,  which  I  give  herewith,  it  forever  held  its 
j)eace  upon  the  subject. 

"  To  (he  Members  of  the  Committie  of  V'nj'ilance: — 

"  Gentlf.men  :  Your  executive  committee  deem  it  proper  ofTicially  to 
announce  the  passage  of  the  following  resolution,  which  has  received  the 
sanction  of  the  l)oard  of  delegates,  and  is  now  an  net  of  the  Committee  of 
Vigilance:  '  Resolved,  That  by  and  with  the  concurrence  of  the  Jioard  of  dele- 
gates, all  existing  penalties  attached  to  sentences  of  expatriation  are  hereby 
rescinded.' 

"However  much  honest  men  and  patriotic  citizens  may  have  diflfered  as 
to  the  right  and  justice  of  the  organization  and  acts  of  the  Committee  of  Vi^'- 
ilancc,  no  candid  man  can  deny  tiiat  a  great  reform  iu  public  morals  and 
political  estate  has  been  nehieve<l  as  a  result.  Our  elections  on  three  occa- 
sions have  been  peaceable,  and  untainted  l)y  fraud ;  quiet  and  order  reign  in 
our  streets;  virtue  is  not  openly  outraged  on  the  highways;  de.idly  weapons 
arc  no  longer  publicly  dLsplayed  and  defiantly  used ;  lilierty  of  speech  and 
<if  tile  press  is  no  longer  u  misnomer,  or  the  cause  of  bloodshed  ;  pulflic  plun- 
ilrr  is  now  neitlu'r  practicable,  niir  the  oliject  for  which  otlice  is  sought;  a 
rii.'id  scrutiny  into  public  alfairs  has  been  inaugurated,  ami  is  consistently 
maintained  by  citizens,  without  let  or  hindrance;  the  offices  of  the  city  and 
(■(iiiiity  have  been  tilled  by  men  of  probity,  who  are  the  undoubted  choice 
of  tlie  electoral  majority;  liallot-box  stutling  and  fraudident  election  returns 
are  at  an  end  ;  the  people  now  have  confidence  that  political  favoritism  will  not 
ill  future  rescue  the  convicted  guilty  from  the  punishment  decreed  by  tlie  laws ; 
the  conunuuity  enjoys  a  trancjuil  repose  and  hopeful  pros|X'rity.  This  state 
ot  affairs,  contrasted  with  that  which  existed  when  your  labors  conunenced, 
proclaims  the  magnitude  of  the  triumphs  that  have  been  achieved,  ^^'e  be- 
lieve that  the  jieople,  happy  and  contented  under  the  change,  desire  that 
every  cause  of  future  uxcitenieut  and  possible  anarchy  should  be  rcmovcil. 


6$2 


SUITS  AND  ANNOYANCES. 


Tlic  highest  duty  and  aim  of  the  Committee  of  Vigilance  ia  to  establish  tlie 
rights  and  promote  the  welfare  and  tranquillity  of  the  community  which  con- 
fided its  interests  to  the  charge  of  that  body.  To  execute  any  one  of  the 
expatriated  who  might  have  the  temerity  to  return  would,  under  the  chuugccl 
and  existing  state  of  affairs,  interrupt  the  present  peace  and  quiet  of  our  city, 
without  bringing  adequate  advantage.  Tlie  necessity  for  such  a  coui-se  of 
public  excitement  no  longer  exists.  The  return  of  a  worthless  indi%'idual,  and 
the  execution  of  the  death  penalty  upon  him,  should  not  weigh  in  the  scale 
with  tlie  peace  and  happiness  of  our  citizens.  On  the  other  hand,  not  to  carry 
out  the  extreme  penalty  on  a  returned  criminal,  during  its  existence  as  a 
sentence,  would  stultify  the  Committee,  and  is  a  remedy  at  which  the  .stem 
and  resolute  character  of  its  members  would  revolt.  Either  contingency  is 
too  seiious  to  hazard,  on  the  chance  of  the  non-return  of  one  of  the  exiled. 
Banisijed  for  the  public  good,  their  presence  in  times  past  having  been  tlie 
signal  for  disorder  or  the  cause  of  frauds  upon  the  rights  of  the  people — ren- 
dered powerless  as  they  now  are,  we  but  reassert  our  strength  and  contulence 
in  the  support  of  public  opinion,  by  the  present  act.  Petennined  as  the 
people  arc  to  protect  their  rights,  no  fear  need  be  entertained  that  the  forunr 
Bcenea  of  iniquity,  violence,  and  ofBcial  corruption  will  ever  be  reenuctcd  in 
San  Francisco. 

"The  resolution  now  adopted  is  not  so  much  an  act  of  clemency  to  the 
guilty  as  of  regard  to  the  interests  of  the  public.  Yet  the  annals  of  iii5it(jry 
furnish  abundant  precedent  for  the  removal  of  the  penalty  of  banishment  upon 
turbulent  and  offensive  characters,  where  governments  have  attained  to  a 
position  of  strength  and  repose  which  did  not  exist  at  the  period  of  the  ex- 
patriation. AVhy,  then,  should  we,  who  do  not  claim  the  dignity  or  autJKjrity 
of  a  government,  be  reluctant  to  follow  the  well  established  precedi'nt  of 
stronger  and  more  exalted  powers,  when  the  necessity  for  maintainin;^  the 
penalty  no  longer  exists?  It  will  be  seen  by  the  tenor  of  the  resolution  tliat 
the  sentence  of  kmishment  is  not  revoked;  the  Committee  have  no  error  to 
retract  in  their  decrees  of  exjiatriation;  they  are  simply  relieved  by  tluir 
present  act  from  the  obligation  to  inflict  the  death  penalty  on  returned  exiles; 
tlie  disgrace  of  Imnishmcnt  still  remains  upon  them.  If  they  return,  it  will 
lie  upon  sufferance;  tliey  will  be  subject  to  the  just  opprobrium  and  watcliful 
ey(!  of  tlie  public,  which  will  hold  them  to  a  strict  accountability  for  their  j,,'ouil 
be'iiavii.r.  It  is,  however,  quite  unlikely  that  they  will  return;  with  the 
removal  of  the  prohibition  the  desire  to  be  in  our  midst,  particularly  umh i' 
huniiliatin;,'  ei-einnstunce,^,  will  bo  dissipated.  Other  cogent  reasons  mi.'ht 
be  aililueed  for  the  step  that  has  been  taken.  The  Committee  revere  tli<' 
constitution  and  laws,  and  would  not  see  them  violated  when  a  stern  iin<l  :i1i- 
solute  necessity  for  justifying  an  exception  to  a  great  principle  no  loader 
exists.  'J'lie  present  incumbents  of  office  in  the  city  and  county  have  the  ciu- 
(i<lt;nee  of  the  people,  as  they  liave  had  their  votes,  and  it  is  right  and  piojur 
that  to  them  alone  should  lie  confided  the  present  and  future  ailininistratioa 
of  justice.  To  execute  the  sentences  of  the  Committee  under  circunistaim^ 
so  completely  the  reverse  of  those  which  existed  at  the  time  when  they  were 
imposed,  would  at  once  arraign  the  body  against  the  very  government  «  hich 
Las  its  confidence  and  support,  and  which  is  the  result  of  the  reform  iiiuvc- 


MUTUAL  CONGRATULATIONS. 


mcnt.  No  parallel  exists  between  the  present  condition  of  affairs  an<l  that 
which  tlio  Committee  was  organized  to  overthrow  an<l  reform.  Tlien  tli*  gov- 
ernment in  some  of  its  parts  was  an  usurpation.  The  people,  the  source  of 
government  and  law,  were  conscious  that  their  liberties  had  been  outraged, 
and  that  officials  who  were  not  elected  had  been  foisted  into  office  by  ballot- 
box  stuffing  and  fraud;  the  evil  was  a  great  and  growing  one,  self -perpetu- 
ating, it  was  unpunished  by  law  and  sustained  by  organized  ruffianism,  and 
the  emergency  admitted  of  no  relief  short  of  a  limited  exercise  of  the  sacred 
1  ight  of  revolution.  The  contrary  to  all  this  now  exists.  Acts  whicii  then 
were  defensible  and  right  l)ecause  the  only  remedy,  would  now  be  reprehen- 
sible in  the  eyes  of  all  conscientious  an<l  reflecting  men,  and  at  variance  with 
ii\:  nrinciples  of  the  Committee  of  Vigilance. 

"It  is  n  subject  for  mutual  congratulation  that  the  reign  of  pence  and 
justice  has  been  thus  early  and  firmly  established,  an<l  that  while  your  ranks 
are  unbroken,  and  your  power  to  enforce  any  decree  undoubted,  you  can 
prove  the  sincerity  of  the  love  you  have  always  profe8se<l  for  the  principle 
and  spirit  of  law  by  retiring  from  apparent  antagonism  thereto  on  the  first 
(ipportunity  consistent  with  the  general  welfare  and  tiio  preservation  of  tho 
public  peace.  Tho  harmony  and  unity  of  the  Connnittee  is  a  sufficient  guar- 
antee that  on  any  emergency,  improbable  as  it  is  of  occurrence,  tho  members 
will  rally  for  mutual  support  and  to  protect  the  public  welfare.  MaliL'i<jus 
suits  brought  against  members  of  your  Iwdy  for  acts  jierfurnuMl  in  tlie  dire<'t 
execution  of  its  decrees,  still  remain  betorc  the  courts,  and  deinand  your 
attention.  These  and  other  matters  of  importance  properly  requiring  your 
cooperation  will  continue  to  receive  the  careful  consideration  of  your 
executive  committee,  whose  zeal  for  tlie  protection  of  tho  property,  roputjition, 
and  iiersons  of  your  members  will  remain  undiminished.  On  this  occasion 
the  executive  committee  desire  to  renew  to  the  members  of  the  organizatioit 
their  assurances  of  gratittide  for  the  faithful  and  disinterested  devotion  to 
tlio  public  weal  manifested  regardless  of  fatigue  and  peril.  These  feelings, 
wo  are  confident,  are  shared  by  those  good  citizens  who  did  not  deem  it  nec- 
essary to  become  active  members  of  tho  Committee  of  Vigihuicc.  Your  re- 
ward will  be  found  in  tho  proud  consciousness  of  duty  well  performed,  and 
in  the  continued  happiness,  pt  'e,  and  prosperity  of  the  community  who 
intrusted  their  dearest  interests  to  your  charge. 

"Executive  CotnmiUee  Rooms,  San  Fraiifiiico,  October  JG,  1S37. 


"Published  by  order  of  tho  Executive  Committee, 
[seal] 


"33,  Secretary." 


CHAPTER  XXXVII. 


POLITICS     AND    VIGILANCE. 


L'hypocrisie  est  un  hommage  que  le  vice  rend  h  la  vertu. 

Hoche/oucauld. 

If  vigilance  would  have  none  of  politics,  so  would 
not  politics  of  vigilance.  Every  issue  possible  through- 
<>ut  the  state  was  forced  on  this  local  reform.  There 
were  many  ways  in  which  this  could  be  done,  and  vigil- 
ance be  obliged,  contrary  to  its  inclinations  and  avowed 
purpose,  to  arise  and  defend  itself.  The  very  stand  it 
took  against  politics,  the  very  declaration  that  vigil- 
ance was  not  politics,  and  that  its  members,  as  such, 
were  of  no  pirty,  arrayed  parties  against  it. 

A  case  in  point  was  the  advertising  of  the  gov- 
ernor's proclamation,  in  itself  a  wholly  unnecessary 
measure,  in  its  general  and  wide-spread  advertisenuiit 
an  absurdity.  The  document  was  taken  up  by  jour- 
nals opposed  to  vigilance  as  their  reward  of  merit, 
and  kept  in  their  columns  during  the  whole  time  <if 
its  continuance  in  force.  These  bills  in  the  aggregate, 
at  the  high  rate  cliarged,  and  the  then  impoverished 
condition  of  the  public  treasury,  amounted  to  a  consid- 
erable sum.    The  payment  of  these  bills  was  one  issue : 

"If  elected  to  the  senate,"  declared  Mr  Sargent,  the  17th  of  Septeinlur 
ISoO,  then  iKiforc  tlio  voters  of  Nevada  as  a  candidate  for  the  legislaturo,  "  I 
■will  ojiposc  the  payment  of  all  printing  referring  to  the  Vigilance  Connnittcr, 
except  as  provided  for  by  the  following  provisions  of  law,  even  though  tlic 
effect  is  to  injure  certain  democratic  innocents,  the  Nevada /)pwocr(»<  iiiuniig 
the  nunil)or,  who  have  hcen  running  up  a  bill  of  thousands  of  dollars  against 
the  state,  in  hopes  an  anti-vigilance  legislaturo  will  i>ay  the  bills.  Sectinii 
first  of  an  net  concerning  ofTicial  advertisements,  and  to  provide  for  their  pay- 
ment, page  84  of  the  statutes  of  1850,  reads  aa  follows:    'All  advertisemiuts, 

notices,  ajid  proclamations,  by  the  governor  and  other  officers,  on  behuU  uf 

(C3i) 


SARGENT  OX  THE  SITUATION". 


c:j 


t!io  state,  shall  \>e  ordered  published  by  the  governor  in  one  newspaper  only, 
jiiid  the  stivte  shall  not  bi'  liable  to  pay  for  any  other  publication,  and  every 
oiiicer  is  prohibited  paying  for  such  other  publication  out  of  any  moneys  be- 
longing  to  tlio  state,  provided  that  the  governor's  proclamation  of  a  reward 
may  by  him  be  ordered  published  in  not  to  exceed  four  newspapers,  and 
notices  by  the  treasui-er,  for  the  redemption  of  state  warrants  or  Iwnds,  may 
lie  published  as  now  required  by  law.'  In  defiance  of  this  law,  all  tiie  anti- 
vigilance  papers  of  tlie  state,  and  some  others,  have  been  publishing  for 
iiiunths  a  document  purporting  to  be  a  proclamation,  also  orders  of  gcnerak 
i)f  militia,  and  some  of  tiiem  a  speech  of  General  V.  E.  Howard,  called  a  rc- 
jiort,  making  a  bill  to  be  paid  of  forty  or  fifty  thousand  dollars,  when  the 
lr.;al  charge  should  not  be  more  than  three  thousand  dollars.  I  shall  oppose 
V.  ith  all  tho  energies  and  abilities  I  may  possess,  if  elected,  the  drawing  of 
money  from  the  state  treasury  for  this  illegal  purpose,  and  defeat  tiie  cormo- 
lauts  who  are  so  greedily  hovering  over  the  treasury,  under  the  name  of  inno 
n  lit  third  parties. 

"I  believe  the  prevalence  of  crime  in  San  Francisco,  tho  rule  of  bullies  and 
li;illot-box  stufters,  by  which  the  will  of  the  people  at  the  jwlls  was  invariably 
il'leated,  tho  prevalence  of  rulBanism  by  which  forty  bodies  were  picked  up  ia 
t!ut  bay  in  one  month,  ostensibly  the  victims  of  man-traps,  tho  ac(juittal  of 
il.fp-stained  murderers  in  the  courts  by  {Micked  juries,  the  crowning  act  of 
(l.\  ilisni  in  tiio  assassination  of  Mr  King,  called  for  the  intervention  of  the 
pKiple  in  thcii'  own  defence.  That  the  Vigilance  Committee  was  organized  to 
iviiiedy  and  did  remedy  these  things,  and  I  approve  of  their  action  as  wise, 
jiolitic,  and  humane,  and  eminently  justifiable  by  the  first  law  of  nature,  and 
ot  common,  civil,  an<l  statute  law,  tiio  law  of  self-defence.  That  the  history 
ct  their  course  allows  that  in  all  cases  they  awarded  a  fair  trial  and  full  privi- 
li  sje  of  a  hearing  to  the  accused,  and  made  an  example  of  no  man  not  notori- 
ii'is  for  his  criniinnlity,  and  that  the  action  of  the  Committee,  in  its  direct 
ivsults,  conduced  to  tlie  safety  and  happiness  of  the  city  of  San  Friincisco. 
llrlieving  that  the  .spirit  of  justice  is  of  more  importance  to  the  community 
tiiau  the  forms  of  law,  that  it  is  right  to  oppose  tyrants  and  murderers  even 
to  revolution,  that  when  the  judicial  station  is  used  not  to  punish  but  to  pro- 
O't  crime,  it  is  the  right  of  the  people  to  protect  themselves,  I  have  been 
toiind  tiio  frieml  of  tiie  Vigilance  Committee,  and  desire  no  one  to  misundei - 
stand  me  in  this  fact.  If  electtid  senator,  I  shall  oppose  with  whatever  power 
li  111  lius  given  me,  the  ctTorts  I  believe  will  be  made  to  harass  and  outlaw  tlie 
\  i:.'ilanie  Committee,  and  I  will  favor  an  act  of  oblivion  for  their  lienefit,  to 
uive  complete  rest  to  the  people  of  Sou  Francisco  upon  the  matter." 

"Every  man  nominated  for  the  legislature,"  says  a 
(IcMiooratic  journal,  just  before  election,  "should  he 
I'lcdood  formally  and  unefjui vocally  against  the  Vigil- 
iiiice  Conimittoe.  The  organization  has  declared  war 
upon  the  democratic  party,  and  it  is  our  duty  to  see 
that  no  traitors  to  the  constitution  be  permitted  to  bo 

Pop.  Tkid.,  Vol.  II.    40 


I 


626 


POLITICS  AND  VIGILANCE. 


invested  with  the  sacred  character  of  democratic  stand- 
ard-bearers in  the  coming  fight.  Let  the  conventidu 
look  to  it,  both  retrospectively  and  prospectively." 

Another  issue  was  the  passage  of  a  general  amnesty 
act,  that  the  law  might  not  forever  hold  its  upliiUd 
hand  over  the  heads  of  the  reformers.  Says  the 
Nevada  Journal  of  the  17th  of  October:  "  The  jiuo- 
j>le  have  it  in  their  power  at  the  ballot-box  to  give 
peace  to  the  country,  and  save  excitement  and  expense. 
They  ought  not  to  neglect  the  golden  opportunity. 
Let  the  question  be  propounded  to  every  candidute 
for  a  legislative  office,  Are  you  or  are  you  not  iu 
favor  of  the  passage  by  the  next  legislature  of  an 
amnesty  act  for  the  benefit  of  the  Vigilance  Commit- 
tee? and  if  his  answer  is  not  satisfactory  strike  his 
name  from  the  ballot,  let  him  belong  to  whatever 
party  he  may." 

At  the  democratic  state  convention  hold  at  Saera- 
mcnto  about  midsummer  of  1857,  anti-vigilance  reso- 
lutions were  passed,  to  the  great  satisfaction  of  j\Ic- 
Gowan,  Terry,  and  Herbert,  but  to  the  infinite  disnu!;t 
of  good  democrats  throughout  the  state.  The  rela- 
tion of  vigilance  to  law  and  order,  or,  as  it  was  now 
called,  of  the  people's  party  to  the  democratic  party, 
one  year  after  the  disbandment  of  the  Vigilance  C<  )ni- 
mittee,  is  ably  set  forth  by  Mr  Zabriskie,  himself  a 
stanch  democrat,  in  a  speech  delivered  at  Musical 
Hall  the  31st  of  August  1857.  Among  other  tliiiiLfs 
he  said:  "It  is  the  settled  and  determined  purpose  (tf 
the  democratic  party  in  this  state  to  put  down  the 
Vigilance  Committee  of  San  Francisco.  They  h.ive 
not  the  manliness  and  honesty  to  announce  and  meet 
the  issue  fairly  before  the  people,  but  seek  to  secure, 
by  insidious  means  imd  political  finesse,  all  the  ad\  an- 
tages  of  the  issue  without  the  responsibilit3\  Ji  is 
known  to  every  citizen  of  California  that  durin;;  the 
last  canvass  no  reference  whatever  was  made  to  the 
Vigilance  Committee.  On  the  contrary  the  prudi  iit 
leatlcrs  of  the  party  and  the  masses  sought  to  avoid  it 


ZABRISKIE  A^^)  OTHERS. 


627 


and  keep  it  out  of  the  canvass.  No  sooner,  however, 
had  the  members  elect  assembled  at  the  capital  antl 
orj^anized  for  the  discharge  of  their  duties  than  the 
vigilance  question  was  presented  and  discussed,  and  a 
resolution  passed  substantially  declaring  that  the  vig- 
ilance issue  was  presented  during  the  canvass  just 
])ast,  and  decided  against  that  organization.  Thus  did 
nrave  representatives,  after  full  and  free  discussion, 
solemnly  declare  and  record  in  the  legislative  ar- 
chives of  the  state,  a  known,  positive,  and  palpable 
falsehood.  No  more  conclusive  and  emphatic  evi- 
dence could  be  furnished  of  the  determination  of  the 
democratic  party  to  avail  themselves,  individually, 
of  that  issue  to  secure  political  advantages  than  the 
fact  presented.  Again,  during  the  session  of  the  last 
democratic  state  convention,  the  notorious  Herbert 
offered  a  resolution  the  design  of  which  was  to  de- 
nounce the  Vigilance  Committee  and  present  the 
issue  before  the  people  during  the  ensuing  canvass. 
Tliat  resolution  was  debated  at  length  and  with  vehe- 
mence.  Prominent  among  those  advocating  its  pas- 
sage were  Mr  Hawks  and  Mr  Hoge  of  your  city." 
During  their  remarks,  particularly  those  most  denun- 
ciatory and  slanderous,  they  were  loudly  and  vocifer- 
ously cheered.  Mr  Hawks  said:  "We  are  called  upon 
as  a  political  party  to  put  down  a  body  of  men  who 
have  banded  themselves  together  not  only  as  the  de- 
stroyers of  the  rights  and  liberties  of  a  portion  of  our 
citizens,  but  who  have  banded  themselves  together  in 
political  organizations  for  the  purpose  of  crushing  out 
the  life-blood  of  the  democracy  in  San  Francisco." 

After  Mr  Hawks  had  concluded  his  remarks,  Mr 
Hoge  delivered  himself  of  the  following  sentiments; 
the  first  portion  of  his  remarks  had  reference  to  the 
action  of  the  gang  of  rowdies  who  assailed  the  ballot- 
boxes  at  Washington  City:  "A  blackguard  party,  re- 
joicing in  the  euphonious  name  of  Plug  Uglies,  within 
the  very  portals  of  government,  beneath  the  very  eye 
of  the  democratic  federal  administration,  with  arms  in 


629 


POLITICS  AND  VIGILANCE. 


their  hands,  seize  upon  the  poHs,  where  freemen  arc 
in  the  exercise  of  the  dearest  privilcji^es  of  frecincn, 
and  the  troops  of  the  repubhc  are  called  out,  and  at 
the  point  of  the  bayonet  the  law  is  enforced  and  the 
constitution  is  maintained."  Mr  Hoge  refers  to  the 
incident  which  occurred  at  Washington  City  to  prove 
that  the  action  of  the  president  of  the  United  States 
is  a  practical  condemnation  of  the  proceedings  of  the 
A^igilance  Committee.  How  unfortunate  is  the  ref- 
erence! The  Plug  Uglies,  a  gang  of  ruffians,  seize 
upon  the  polls,  where  freemen  are  in  the  exercise  of 
the  dearest  privileges  of  freemen ;  the  troops  are  called 
out,  the  law  is  enforced,  the  constitution  is  maintained. 
A  gang  of  similar  scoundrels  at  San  Francisco  seize 
upon  the  polls,  where  the  freemen  are  in  the  exercise 
of  the  dearest  privileges  of  freemen.  A  government 
exists  with  abundant  authority  to  enforce  the  law  and 
maintain  the  constitution;  but  unlike  the  patriotic 
action  of  the  president  of  the  United  States,  that 
authority  is  not  invoked  because  it  is  controlled  Ijv 
these  very  scoundrels  and  is  designed  to  secure  and 
})romote  their  interests. 

Bills  were  introduced  into  the  legislature  having 
in  view  both  the  extermination  of  vigilance  and  the 
reward  of  those  who  had  attempted  its  extermina- 
tion. There  was  a  man  envious  of  distinction,  named 
Harvey  Lee,  sent  to  the  legislature  from  El  Dorado, 
who,  the  13th  of  January  1858,  introduced  an  anti- 
vigilance  bill  which  created  some  discussion,  although 
there  were  others  of  minor  importance  brought  forward 
both  before  and  afterward.  This  bill  made  it  a  crim- 
inal offence  to  "conceal  any  person  or  persons  to  pre- 
vent the  due  service  of  habeas  corpus,  or  any  writ  (»r 
order  of  any  court  of  this  state,  or  of  the  United 
States."  The  bill  was  full  of  absurd  and  unconstitu- 
tional provisions  not  worth  naming;  in  fact,  nothing 
about  the  man  or  his  attempts  are  worthy  our  consid- 
eration except  as  showing  the  tendency  of  the  tinier*. 
The  legislature  was  anti-vigilance,  and  Mr  McGowau 


CURT  CORRESPONDENCE. 


C29 


and  that  class  were  great  men  there,  and  could  get 
almost  anything  they  asked  for. 

Lee  spoke  for  his  hill  as  loudly  and  as  strongly  as 
lie  could.  Caleb  IBurbank  replied  erushingl}'.  By  it 
Jx'O  was  greatly  compressed  in  his  moral  presence, 
and  his  bill  was  in  forma  2)auperi)i.  Burbank  was  a 
man  of  large  physique,  as  well  as  breadth  of  intellect. 
He  was  afraid  of  nijtliing.  Lee  was  a  law  and  order 
man,  and  as  usual  resorted  to  the  chivalrous  method 
ill  settling  a  difficulty.  Scarcely  had  Burbank  taken 
liis  seat  when  a  page  handed  him  a  note  which  read 
as  follows: 

"Burbank:— 

"Sir:  If  you  ever  refer  to  mo  in  that  manner  again  I  shall  take  occasion 
to  visit  your  desk  with  a  bowie-knife.  H.  Lee." 

To  which  the  following  prompt  reply  was  sent: 

"H.  Lee:— 

"Sir:  Whenever  you  find  occasion  to  visit  my  desk  with  a  bowie-knife, 
bt,'  sure  and  fetch  along  a  pail  to  carry  home  your  entrails  in. 

"C.  Burbank." 

This  is  very  good  as  far  as  it  goes;  but  the  cool 
irony  of  it  is  seen  only  when  we  remember  that  this 
man  was  that  very  moment  advocating  measures  to  pre- 
vent persons  from  taking  the  law  into  their  own  hands, 
M  liile  he  threatens  to  murder  a  man  for  opposing  him. 
This  is  one  of  the  strange  things  about  it,  that  men  of 
ordinary  intelligence  should  not  have  seen  that  they 
Iji'oke  the  law  in  a  tenfold  greater  degree  every  time 
they  drew  a  deadly  weapon  than  ever  the  Vigilance 
Committee  did  in  their  solemn  deliberations. 

Lee's  bill  was  called  the  mob  bill,  and  was  aimc^d 
tlirectly  at  San  Francisco,  though  that  was  the  last 
place  on  earth  where  a  mob  was  likely  to  spring  up. 
That  city  was  now  reaping  the  rewards  of  the  virtu- 
ous acts  of  her  citizens  who  would  permit  no  mob  to 
flisgrace  her  streets,  no  not  for  an  instant.  But  call 
iIh!  Vigilance  Committee  a  mob,  as  that  was  evidently 
what  Mr  Lee  intended,  and  there  was  still  no  ucces- 


■mm 


POLITICS  AXD  VIGILANCE. 


sity  for  such  a  bill,  for  San  Francisco  was  the  pl.ico 
upon  the  coast  least  likely  to  need  a  vigilance  com- 
mittee soon  again.  So  well  and  thoroughly  did  the 
committee  of  1856  do  their  work  that  it  was  not  prob- 
able they  would  have  it  to  do  over  again  soon.  Tiiuy 
hoped  and  prayed  that  the  time  would  never  be. 

Another  bill,  called  the  brmmers'  bill,  was  intro- 
duced in  1858,  and  revived  in  1859.  Indeed,  a  phaso 
of  it  appeared  both  before  and  after  these  dates.  The 
bill  itself  was  for  the  payment  of  fifty  thousand  dollar-s 
to  the  men  of  law  for  damages  inflicted  by  the  vi<jril- 
ance  organization.  The  special  phase  of  it  mentioned 
was  the  payment  of  three  thousand  dollars  each  to 
Ferris  Forman  and  R.  A.  Thompson  for  their  ex- 
penses to  Washington  while  seeking  aid  from  the 
general  government  for  suppressing  the  Vigilance 
Conmiittee  at  San  Francisco.  This  was  the  third 
time,  that  is  to  say  in  1860,  that  this  bill  had  been 
urged  before  the  legislature  of  California. 

The  following  from  the  Bulletin  of  the  5th  of 
JMarch  1859,  signifies  the  spirit  of  the  radical  rcfunii 
press  on  the  subject : 

"  Last  winter  one  Mr  Groom  mado  himself  famous  by  introducing  a  bill  ia 
the  California  Assembly  to  appropriate  fifty  thousand  dollars  for  the  i)ayiii(iit 
of  (iovemor  Johnson's  law  and  order  bummer  army.  Two  days  ago,  tnn'  Mr 
Eoiino,  emulous  of  the  notoriety  of  Groom,  took  up  the  same  subject,  ;iiiil 
brought  forward  a  proposition  to  pay  these  bummers  fifty-two  thousiuul  six 
hundred  and  thirty-one  dollars  and  seventy-two  cents,  or  nearly  three  thonsiiiiij 
dollars  more  than  was  provided  in  the  bill  a  year  ago.  Whether  this  bill  \*  ill 
meet  with  a  different  fate  the  present  session  from  what  it  experienced  tlio 
last,  wo  do  not  know,  nor  do  we  care  much.  It  is  a  scheme  to  rob  the  treii.sur\ : 
and  as  long  as  that  institution  has  money  in  it,  and  its  keys  are  intrusted  to 
men  who  are  supposed  to  be  approachable,  we  cannot  expect  anything  else 
than  to  see  similar  attempts  made.  The  bummer  army  scrip,  as  is  well  known, 
has  been  bought  up  by  a  few  experts  in  the  art  of  log-rolling  and  lobliving. 
Its  holders  arc  on  the  lookout  for  a  legislature  weak  enough  or  diMliDiicst 
enough  to  recognize  it.  As  often  as  they  think  they  have  these,  they  « ill 
make  an  attempt  to  get  their  bill  through.  And  after  some  of  the  rec lut 
votes  of  the  present  body,  we  are  not  surprised  that  the  hopes  of  the  buimmr 
scrip-holders  begin  to  rise. 

"It  may  not  be  amiss,  however,  for  us  to  keep  the  merits  of  the  attempt 
to  fdcli  the  people's  money  for  the  benefit  of  half  a  dozen  bad  men,  fresh  ia 


THE  BUMMER'S  BILL. 


631 


tlio  inin<l!«  of  the  people,  in  order  tliat  those  wlio  take  part  in  it  may  at  least 
nct'ive  u  fitting  share  of  descrN'ed  odium.  The  fucts  in  the  case  are  us  follows: 
III  IH,')(i,  on  the  breaking  out  of  the  vigihinee  excitement  in  tiiis  county, 
<  iitvcrnor  Johnson,  after  temporizing  and  arguing  with  the  leaders  for  some 
time,  at  length  issued  his  proclamation,  and  called  out  the  military  ptjwcr  of 
tilt'  state  to  ]>ut  it  down.  Great  cflbrts  were  made  by  the  leaders  of  the  law 
.111(1  ortler  party  to  orijaiiize  a  force  to  oppose  the  Committee,  but  further  than 
getting  :i  handful  ot  idlers  and  bummers  to  enroll  their  names,  nothing  was 
done. 

"The  military  did  not  come  out;  the  public  service  was  performed;  and 
nobody  was  jiut  to  any  inconvenience  or  loss  by  holding  himself  in  readi- 
ness to  jxirfonn  service.  The  only  thing  really  done  was  to  go  to  the  city- 
liull  and  enroll  their  names;  and  with  a  very  few  except!"'  -i,  those  who  did 
tills  were  men  who  could  have  been  bought  with  a  half-g;ilion  of  w  hiskey  to 
have  done  anything  that  promised  excitement  or  a  change.  How  many  names 
tlicri'  were  enrolled  we  do  not  recollect,  probably  not  exceeding  two  hundred 
at  the  outside.  We  think  we  risk  notliing  in  saying  that  not  a  single  day's 
time  was  devoted  by  any  one,  except  the  officers  who  were  in  the  BurN'ice  of 
t'.ie  state,  to  military  duty,  in  consequence  of  his  enrolment.  In  fact,  at  the 
time,  there  was  really  very  little  business  going  on  here.  People  generally 
susjicnded  private  business  to  a  considerable  extent,  and  everyliody's  head 
vas  full  of  the  ruling  excitement  of  the  moment.  Therefore,  if  those  who 
uere  enrolled  in  the  state's  service  had  devoted  two  or  three  weeks  steadily 
to  drilling  and  marching,  tiicy  would  have  made  no  sacrifice  of  private  busi- 
ness, for  such  was  pretty  much  susi^ended  in  the  first  place;  and  in  the  second 
l>lace,  the  majority  of  the  law  and  order  army  had  no  business  in  ordinary 
times. 

"Xow  to  ask  the  state  to  pay  this  handful  of  men,  for  doing  nothing, 
tifty-two  thousand  dollars,  we  say  is  an  outrage.  The  vi-i-y  few  good  citizens 
\»  ho  from  principle  enrolled  their  names  in  the  law  and  order  anny,  we  are 
Mire  do  not  ask  for  pay.  They  had  higher  aims,  or  all  their  professions  are 
unreal.  The  bummers  and  lunch-eaters  deserve  nothing.  Tluy  made  no 
.■•iicritice,  performed  no  labor,  and  rendered  no  service  to  the  public.  To  pay 
tliem  iifty-two  thousand  dollai's  for  affixing  an  X  mark  to  the  muster-roll,  is 
L'enerous  compensation  indeed.  With  even  all  the  resources  of  this  great 
.-^tate,  we  tloubt  if  such  a  lavish  expenditure  is  in  keeping  with  a  decent  re- 
u'ard  of  the  jieople's  interest." 

Smarting  under  the  infliction  of  rascality  which 
San  Francisco  would  not  suftbr  within  her  borders, 
the  Sacramento  Union  of  February  1858  says: 

"  Since  the  summer  of  I80O  there  has  existed  in  this  state  a  class  of  men 
mIk)  have  prated  long  and  loud  in  favor  of  law  and  order;  who  have  assumed 
t"  be  the  tlefeudcrs  /mr  excdleiici-  of  tlio  laws  and  constitution.  Tliose  making 
tlio  most  noise  in  this  party  have  generally  been  men  who  live  in  daily  viola- 
t  ion  of  the  laws  of  the  land.    Moral  laws  they  do  not  pretend  to  recognize.    If 


032 


POUTICS  AND  VIGILANCE. 


personally  cxnniined,  a  pistol  or  lK)wie-knift',  often  l)oth,  will  generally  lio 
found  upon  tlic  (HM'sons  of  theHu  l<)U<l-niouthe<l  nn*l  iHiouliiir  law  uml  (irilcr 
men.  This  elaHw  in  made  up  of  gamhlers,  horsc-rueers,  i)iinp8,  rowdien,  rut 
fiiins,  loiifcru,  politicul  mendiuuntM,  builot-lK>x  stuflers,  lunch-lioiirderH,  uml 
men  generally  who  live  without  honest  laltor  and  by  plundering  the  coniniunity 
in  some  form.  During  vigilanue  times  they  volunteered,  nearly  to  a  man,  ti> 
figlit  the  Viyilnnio  ('ommittee.  They  entertain  a  iioly  horror  of  uU  siuh  in- 
KtitutioiiH,  liiit  snap  their  fingers  ut  tlie  courts  and  the  criminal  law,  aHusiuilly 
administered,  for  tlie  very  gootl  retison  that  some  of  tho  ollioers  of  the  law  arc 
sure  to  be  their  friends,  elected  by  their  votes,  money,  and  stutilng  skill.  Ity 
these  or  some  other  means  they  manage  to  be  sunnnoned  as  jurors,  or  us 
witnesses,  it  matters  not  which,  and  a  mis-trial  follows,  or  a  verdict  nf  nut 
guilty.  If  a  citizen  has  rendered  himself  obnoxious  to  any  of  this  gang,  lie  U 
dogged  until  found  alone  and  unarmed,  and  is  then  assailed  by  a  do/en  of  tlicin 
at  once,  cut  and  stabbed,  or  most  outrageously  l>oateu by  this  bunded  toguthii 
gang  of  law  and  oriler  advocates. 

"In  Sacramento  wo  have  our  own  full  share  of  tho  class  wo  ha\e  \wn 
describing.  Tliey  are  always  to  be  seen  around,  like  gentlemen  of  leisure,  hut 
how  they  manage  to  live  is  a  mystery  to  all  honest  and  industrious  citizens. 
They  dress  well,  and  talk  very  loudly  alwut  their  devotion  to  tho  constitution 
and  tlie  laws;  inveigh  with  great  bitterness  and  many  oaths  against  the  very 
best  men  in  tlie  community,  and  hiss  out  the  word  strangler  whenever  they 
meet  a  man  known  to  have  acted  with  the  Vigilance  Conunittee.  They  wouM 
hang,  if  they  luid  tlie  power,  all  tho  members  of  tho  Committee;  tliey  iii'i' 
particularly  in  favor  of  hanging,  provided  the  experiment  is  not  tried  updii 
any  of  their  patriotic  and  honest  persons;  stringent  laws  to  punish  all  tliosu 
who  comliinc  to  i)rotect  themselves  against  fraud  and  violence,  they  ailuiir.' 
hugely,  and  hence  they  are  generally  ardent  advocates  of  such  bills  as  that  in- 
troiluced  by  Mr  Lee  to  suppress  mobs  against  tho  government. 

"This  portion  of  the  law  and  order  forces  have  recently  illustrated  in  sev- 
eral instances  their  jjeculiur  ideas  of  sustaining  the  constitution  and  the  law.-.. 
A  few  nights  since,  and  after  tho  Ixwit  arrived  from  iSan  Francisco,  a  iiiiiii 
known  to  have  belonged  to  the  Vigilance  Committeu  was  insulted,  spit  upDii, 
and  beaten  by  members  of  the  law  and  order  gang.  Ou  Saturday  night  la.st. 
they  found  a  respectable  and  ipiiet  citizen  of  San  Franci.sco  accidentally  in 
their  power  in  the  tiieutre;  tho  watchword  Vigilante  was  given,  tho  man  sur- 
rounded, and  in  a  few  minutes  terribly  beaten,  because  ho  was  suspected  oi 
having  belonged  to  tiic  Vigilance  Committee. 

"What  a  teiriblo  commentary  upon  law  and  order!  These  men  hunt  iii 
])acks,  like  wolves,  fall  upon  their  unsuspecting  victims,  wreak  their  vengtinni' 
upon  them,  and  for  what?  Simply  because  those  victims  liclonged  to  tiie  only 
organi/.ation  that  such  men  ever  dreaded  in  California.  Does  any  man  huiukw 
tiiat  such  moves  are  made  out  of  respect  for  the  law,  or  from  a  love  of  mili  r 
and  u  devotion  to  the  constitution?  Certainly  not.  Every  movement  sIpjws 
that  opposition  to  the  vigilance  is  purely  personal  and  sellisli.  Personal  s,■lti^*- 
faction  is  the  end  and  aim  of  all  their  acts. 

"The  singlin.;  out  men  from  San  Francisco,  for  the  purpose  of  inaiiltiiiL,' 
and  assaulting  them,  indicates  thu  source  and  object  of  that  provision  in  thu 


CHIVALROUS  i:rror. 


C38 


iiiol)  bill  to  give  nny  court  in  the  atato  juristlictiuii  xvir  caacii  arising  under 
itiiy  vigilance  urgunizatiou  in  Han  FranciHco  or  elHcwItcro.  TIiih  cIuhs  of 
jiutriuts  tlt;8iru  to  taku  ntun  from  homo  singly,  ho  oh  to  ciiiiMu  tlirin  to  taku 
Miigeunto  upon  tlicm  under  tlio  forms  of  law.  But  tlieio  is  u  pjint  layoiul 
w  liiuli  Huelk  violutura  of  law,  human  and  divine,  will  nut  bo  punnittvd  to  go, 
iiiub  bill  or  no  mob  bill." 


Finally  rolbrm  became  the  watcliwoitl  of  the  oj>po- 
sition,  and  along  the  Hne  the  word  was  given  to  .sutler 
none  guilty  to  escape,  unless  it  were  a  good  law  and 
order  man.  But  this  was  an  ancient  and  oi't-rei)eated 
sidfterfuge,  and  carried  with  it  no  great  weight. 

It  was  at  a  time  when  the  slavery  t'eud  ran  high, 
and  the  office-holders  being  mostly  southerners,  all 
sound  slavery  men  must  stand  by  thvm  regardless  ot* 
ability  or  morals.  But  the  antagonism  excited  by  vigil- 
ance swallowed  up  the  passion  roused  by  the  promul- 
gation of  anti-slavery  tenets.  As  in  the  war  for  the 
union,  "  give  us  revenge  to-day,"  they  cried,  "and  we 
will  take  state's  rights  to-morrow." 

In  politics  as  in  social  life  these  men  of  law  were 
oxcecdin<xlv  clannish,  t'aeir  affection  for  each  other 
borderiui;  on  the  savage  in  its  natun;.  Their  frien<l- 
ships  were  of  a  nobler,  more  chivalrous,  and  unselfish 
cliaractci  than  those  which  commerce  called  forth 
from  the  colder  northerners.  The  trafficking  New 
Englander  could  scarcely  understand  them. 

It  was  of  no  consequence  with  thorn  whether  the 
opinions  entertained  by  the  vigilants  were  right  or 
ronscientiously  held;  if  conflicting  with  preconceived 
notions  they  nuist  be  put  down.  This  was  the  theory 
of  the  judges  and  officials.  If  there  was  no  other 
trinio  in  vigilance  there  was  at  least  stubbornness. 
As  the  gentle  Pliny  said  of  the  Christians  whom  lie 
was  called  upon  to  judge,  "I  could  n<jt  doubt  that 
whatever  might  be  the  nature  of  their  opinions,  such 
iiillexible  obstinacy  deserved  punishment." 

Socrates  after  his  trial  was  offered  the  (opportunity 
of  escape.  Escape  was  easy  and  certain.  Yet  ho  ])ro- 
fcrred  death  to  breaking  the  law,  and  thereby  sinning 


M^i' 


1 


634 


POLITICS  AND  VIGILANCE. 


against  his  own  conscience,  and  this  notwithstandlii*-- 
tlie  law  brought  nn  innocent  man  to  punishment,  i  lo 
had  preached  obedience  to  law,  and  to  save  his  liil-  ]\(i 
w«>uld  not  now  stultify  the  precepts  he  had  taught  tor 
fifty  years.  This  was  another  and  a  nobler  ob.stinjicv 
than  that  of  the  modern  law-worshippers,  who  wtiv 
Milling  enoujjh  to  sacrifice  others  to  their  ideas  of  law, 
but  not  themselves.  For  myself  I  think  Sooratcs 
reasoned  very  foolishly  in  this  matter,  though,  as  lie 
was  an  old  man,  and  did  not  care  to  leave  Athens,  lie 
may  have  acted  wisely  enough.  Socrates  wouM  have 
his  conscience  under  law;  I  would  have  law  under  my 
conscience.  He  knew  the  law  which  condemned  liini 
to  l)e  unjust,  and  yet  to  that  unjust  law,  that  gross 
M'ickedness,  he  bowed  his  head  and  died.  lVradv(  ii- 
ture  for  a  righteous  law  I  might  die.  And  who  is  to 
be  the  judge?  they  ask.  I,  myself  As  I  for  myself, 
and  not  I'or  another,  am  to  live  or  die  by  the  law,  I  for 
myself  must  judge.  A  false  maxim,  like  a  popular 
vice,  is  a  most  jmwerful  engine,  and  the  quicker  it  he 
dissipated  the  better. 

Xearly  all  the  trouble  of  the  185G  crusade  may 
justly  be  charged  u|)on  the  governor,  assisted  by  otii- 
cials.  Wisdom  and  dignity  become  a  ruler.  The  [lei  >\>\v 
often  forgive  crini;;  soom-r  than  incomjietency,  elleiiii- 
nacy,  or  frivolity.  Tlie  downfall  of  Nero  was  hasteiit  d 
more  by  his  singing  and.  playing  on  the  j)ublie  staie 
than  by  his  crueltv.  And  as  for  J(»hnson's  abettris. 
unfortunately  the  oiHcial  suicides  of  Japan  did  not 
obtain  in  California,  those  hari-kari,  cross-cuts,  or 
the  happy  despatch  by  which  civil  officers  of  that 
country  relieved  the  government.  The  olicials  of 
California  wouhl  neither  retire  nor  kill  th<nisel\(S  at 
the  request  of  those  who  had  elected  them. 

In  settling  California,  as  I  have  before  reniiiiiod, 
RoutJiernery  naturally  dropped  ui)on  the  offices  as  i  Ik  iis 
by  right.     They  were  accustomed  to  public  posiii'iis 


1 


THE  CASE  OF  DOCTOR  SCOTT. 


635 


at  home ;  they  were  fit  for  nothing  else ;  thcv  despised 
work ;  being  chivah'ous  they  were  nearer  akni  to  Irish 
shoulder-strikers,  who  were  a  sort  of  aristocracy  in 
tlieir  way,  than  to  the  more  plodding  humdrum 
Yankee. 

lleligion  as  well  as  politics  had  its  little  fling  at 
vigilance.  The  clergy  were  as  a  rule  supporters  of 
tiio  Committee;  some  of  them  vindictively  so.  Once 
aro\ise  the  demon  of  discord  in  the  breast  of  those 
\\  hose  mission  is  peace  and  none  can  hate  so  heartily. 
This  we  saw  in  the  war  for  the  union  where  the  occu- 
]);ints  of  northern  pulpits  were  very  bitter  in  their 
»!''Uunciations  of  their  southern  brethren.  On  the 
(juoistion  of  vigilance  some  few  denominations,  though 
as  ever  nominally  for  peace,  in  reality  were  with  the 
staffers  and  strikers,  these  being  of  their  fold.  In 
one  instance  there  was  a  pastor  with  the  law  party 
wliile  his  church  was  against  him. 

In  a  former  chapter  I  spoke  of  a  southern  divine, 
jilluding  to  Doctor  Scott,  who  had  written  aiiitles 
adverse  to  the  Committee,  and  had  sent  tlieiii  to 
J^liiladelphia  for  publication.  For  tliis,  as  w»ll  as 
I'or  his  persistent  antagonism  to  the  Connnittee,  tlie 
doctor  was  hanged  in  effigy  in  front  of  his  church, 
nil  Bush  street  l>etwcen  Montgomery  and  Sansonio 
^t leets, on  Sunday  morning  the  5tli  of  October.  A1  n )ut 
six  o'clock,  before  l-ie  tigui'o  had  attracted  much 
attention,  it  was  cut  down  l)y  certain  lovers  of  pro- 
jiriety,  and  th<:  perpetrators  of  the  deed  were  not  dis- 
covered. 

The  affair  created  much  talk,  and  tlie  doctor  did  not 
altogether  dislike  it.  He  was  being  inaligurd  t'oi- 
opinion's  sake;  ho  was  being  martyred  for  truth  and 
justice.  Never  to  liim  was  such  a  Sunday  as  that  Sun- 
day. Never,  as  he  entered  liis  pulpit  on  the  morning 
of  tliat  immaculate  effigy,  had  he  so  tasted  the  i»lessed- 
H'ss  of  persecution.  Calvary  church  was  then  the 
foremost  in  the  city,  of  whatsoevi-r  sect  or  cr(H}d.  Its 
I'iistor  was  talented,   popular  with  all  classes,  being 


Si 


m 

M 


(  r' 


m 


636 


POLITICS  AND  VIGILANCE. 


revered  as  have  been  few  men  in  California  before  or 
since.  He  was  strong  for  law  and  order  until  the 
days  of  secession,  when  displaying  strong  southern 
sympathies  offensive  to  many,  he  finally  deemed  it 
bes-t  to  depart  for  Europe.  Ah  1  those  were  glorious 
days  when  the  pulpit  was  not  inseparable  from  great- 
ness; when  all  men,  good  and  bad,  revered  the  sanc- 
tity of  religion;  when  the  hem  of  a  preacher's  gowu 
carried  virtue  with  it,  and  the  air  he  breathed  was 
fragrant  with  piety  1 

Of  course  all  had  their  say  about  it.  It  was 
straightway  the  fashion  to  condemn  the  act.  No  one 
dared  to  uphold  it.  It  was  cowardly,  dastardly,  and 
all  that.  The  newspapers  on  both  sides  vied  with 
each  other  in  reprobatmg  the  deed.  It  was  a  god- 
send to  the  hungry  Herald^  being  the  first  bit  of 
substantial  food  it  had  had  in  many  a  day.  "On 
yesterday  morning,"  it  groans,  "  the  morning  of  God's 
holy  day,  was  perpetrated  in  the  streets  of  this  city 
an  outrage  so  damnable  and  disgraceful  that  as  Cali- 
fornians  we  are  pained  and  humiliated  to  be  compelled 
to  record  it.  The  Reverend  Doctor  Scott,  a  clergy- 
man of  the  Presbyterian  Church,  was  hanged  in  effigy 
from  a  lamp-post  opposite  the  church  of  which  he  is 
the  revered  pastor.  An  act  of  Vandal  malice  more 
atrocious,  an  act  of  meanness  more  revolting,  an  act 
of  cowardly  ruffianism  more  utterly,  more  unspeak- 
ably disgraceful  we  have  never,  in  the  long  course  of 
our  journalism  in  a  city  where  outrages  and  atrocitiis 
have  been  by  no  means  unfrequent,  been  called  upon 
to  chronicle."  Alas!  for  the  poverty  of  English  ad- 
jectives that  Mr  Nugent  should  be  obliged  thus  to 
strain  himself  and  his  dictionary  to  find  expression 
for  the  deep  damnings  within  him. 

"  There  are  no  words  sufficiently  strong,"  echoes 
the  Bulletin,  "  to  express  our  condemnation  of  the 
deed  at  the  portals  of  Doctor  Scott's  church  yesterday 
morning,  or  the  contempt  and  detestation  we  feel  for 
the  perpetrators.     The  act  '.vuo  oacrilegious  and  cow- 


HONEST  LAW  AND  ORDER  MEN. 


637^ 


ardly,  and  merits  the  severest  reprobation."  "  Wo 
Uush  to  be  called  to  chronicle,"  says  the  True  Cafi- 
fornian,  "  one  of  the  most  disgraceful  acts  against 
j)ublic  decency  and  decorum  that  has  ever  come  under 
(jur  notice."  The  Post  is  "  most  heartily  ashamed  to 
record,"  etc.  The  Tovm  Talk  is  "glad  the  act  has 
been  justly  stigmatized,"  and  so  on. 

Now  hung  be  the  heavens  in  black,  and  let  the 
earth  groan!  Let  the  sun  never  more  shine  upon 
that  lamp-post;  let  all  who  dwell  within  the  sound  of 
the  great  triangle  rush  to  the  hills  and  hide  their 
heads  beneath  the  sand!  May  the  ghosts  of  Casey 
and  Hetherington  forever  hover  about  the  nightcaj) 
ut'  every  vigilant's  wife,  and  may  all  California  from 
Yreka  to  San  Diego  to  the  depth  of  twelve  feet 
lilush  to  blood-redness  in  view  of  this  elevation  to 
a  lamp-post  of  a  tattered  coat  and  patched  panta- 
loons, the  property  of  a  certain  well  known  bottle- 
merchant! 

From  the  present  point  of  time  and  intelligence  the 
})erformance  strikes  me  as  neither  good  nor  great,  nor 
yot  so  very  horrible.  It  was  senseless  and  silly,  and 
probably  done  by  hoodlum  boys,  for  the  fun  of  seeing 
inon  make  asses  of  themselves  over  it.  The  fact  that 
the  original  of  the  figure  was  a  clergyman  made  not 
a  whit  difference  as  to  its  merits  or  demerits,  excoj>t 
tliat  in  so  far  as  a  clergyman  commits  an  act  worthy  of 
punishment,  in  so  far  he  should  be  more  severely  pun- 
ished for  it  than  the  poor  wretch  whom  environment 
lias  degraded.  If  Doctor  Scott  and  Judge  Terry  leave 
their  places  to  mingle  in  the  fray,  they  should  not  cry 
the  protection  of  their  cloth  if  they  are  hurt. 

A  small  class  opposed  the  Vigilance  Committee 
iVom  pure  motives,  but  there  were  not  many,  and 
tliese  not  of  the  clearest-sijxhted  sort.  Just  as  in  re- 
ligion  the  most  devout  worshippers  are  the  most  igno- 
lant,  the  most  sluggish  of  thought,  so  here  there  were 
lionest  but  stupid  men  who  found  it  difF.cult  to  open 


Ill  POLITICS  AND  VIGILANCE. 

the  eyes  of  their  blind  faith  in  law  and  legal  forms,  and 
unlearn  their  respect  for  tribunals  of  justice  taught 
them  and  their  fathers.  Sacred  to  them  were  all  tlio 
forms  and  dogmas  of  their  creed,  however  absurd,  ami 
sacred  to  them  were  all  the  forms  of  justice,  however 
hollow.  In  government  and  religion  many  things  are 
deemed  sacred  solely  because  they  are  old,  and  the 
origin  of  which,  if  we  could  know  it,  would  make 
them  appear  profane  enough.  But  the  chief  oppo- 
nents to  the  movement  were  those  whom  it  most 
directly  affected  in  their  persons,  their  pockets,  or 
their  reputation. 


CHAPTER  XXXVIII. 


THE    FRUITS    OF    VIGILANCE. 


An  honest  uuin  may  take  a  knave's  advice, 
But  idiots  only  may  be  oozen'd  twice. 

Dryden, 

The  one  great  cry  of  the  opposition,  prolonged  from 
the  beginning  to  the  end  of  the  crusade,  and  echoed 
by  wise  legislators,  learned  jurists,  and  public  journal- 
ists at  the  east,  in  Europe,  and  throughout  the  work), 
was  the  disastrous  effects  which  would  accrue  in  thti 
end,  and  the  reaction.  "It  was  not  the  fall  that  would 
hurt,"  said  they,  "but  stopping  so  suddenly."  So  this 
grand  tribunal  would  find  itself  in  a  position  where  it 
could  not  lay  aside  its  power  without  disaster  to  its 
members. 

Tiie  whole  effect,  it  was  asserted,  would  be  bad, 
anarchical,  prejudicial  to  order  and  quiet  good  citizen- 
ship. Teach  men  to  cavil  and  threaten,  foster  in  the 
minds  of  the  people  mobocracy,  admit  the  right  to 
rise  at  every  slight  offending,  and  you  might  as  well 
do  away  with  constitutions  and  statutes,  and  be  ruled 
by  the  rabble  entirely.  There  may  be  somewhat  of 
truth  in  such  remarks  in  the  main ;  but  let  us  sec  how 
they  apply  in  the  present  instance. 

Althougli  opposed  to  ofHce  as  a  reward,  ojjposed  to 
the  subtle  snares  of  politics  in  political  puriHcations, 
opposed  to  the  trading  and  tricking  called  patriotism, 
the  Committee  of  Vigilance  w<ire  not  opposed  to  let- 
ting the  beneficial  influence  of  their  purgations  per- 
meate government  in  common  with  morals  and  e\'ery 
ulement  of  socisil  well-being.    Nay,  they  demanded  it. 


640 


THE  FRUITS  OF  VIGILANCE. 


Government  above  all  things  needed  regoncmtlon,  not 
revolutionizing  but  cleansing,  and  their  work  would 
prove  futile  indeer!  did  it  not  secure  th.is  blessiniLj. 
The  Committee  wuuid  have,  as  nearly  as' they  could 
command  it,  purity  everywhere,  honesty;  integrity, 
the  same  in  public  relations  as  in  private,  purity  at 
primaries,  at  the  polls,  on  the  bench,  in  all  offices  and 
relations  of*  government. 

And  now  that  their  work  was  done  they  would 
not  absolutely  interdict  office  among  their  members, 
though  for  themselves,  that  is  to  say  the  noblor- 
niindod,  they  would  shun  the  very  appearance  of  sin- 
ister design ;  and,  indeed,  it  were  better,  as  they  often 
said,  for  vigilants  to  eschew  office  wholly  and  forever. 
For  the  moment  such  aspirations  crept  upon  a  mem- 
ber he  would  find  it  more  difficult  to  be  disinterested. 
He  ceased  to  be  wholly  free,  wholly  unsoliish.  H<j 
could  no  longer  weigh  motives  in  the  even  balance  of 
rectitude,  and  he  incontinently  came  to  eye  every 
man  who  could  inlluence  a  vote.  His  will  was  in  a 
measure  dissipated,  his  manliness  was  often  gone,  he 
must  become  the  tool  of  a  party  perhaps,  and  the 
toady  of  vulgar  men.  His  character,  his  conduct, 
his  thoughts,  and  aspirations  all  must  in  some  degree 
change.  He  is  no  longer  the  material  of  which  vigil- 
ants  are  made.  He  has  sold  himself,  and  henceforth 
he  is  one  to  be  watched,  and  not  a  watcher;  he  is  one 
to  be  suspected,  his  opinions  are  no  longer  im})artial. 

But  while  avoiding  office  themselves,  they  made  it 
their  bounden  duty  to  see  public  places  filled  by  good 
men,  and  of  thcso  there  were  many  not  within  vigil- 
ant ranks.  It  is  true  they  were  not  of  the  nobkr 
sort,  for  as  tilings  go  the  best  men  are  not  found  in 
our  public  stations;  they  were  as  a  rule  not  of  very 
pronounced  character,  and  if  not  very  good  neither 
were  they  very  bad. 

Here  was  something  of  a  dilemma.  The  men  of 
vigilance  must  not  become  politicians,  and  yet  they 
must  rule  politics.     The  fruits  of  the  reform  nmst  bo 


Vigil 
men, 


A  PEOPLE'S  REFORM  PARTY. 


641 


preserved;  and  it  was  finally  determined  that  the  best 
\\ay  to  accomplish  this  was  to  organize  a  people's  re- 
form party,  which  should  ignore  all  then  existing 
])arties,  and  should  seek  to  carry  into  political  circles 
the  purity  and  unselfishness  which  characterized  the 
Vigilance  Committee.  This  was  the  plan :  unsullied 
men,  irrespective  of  party,  were  to  keep  unsullied  the 
people's  rights. 

This  was  well  enough,  though  in  reality  it  was  only 
creating  a  new  political  party,  which,  like  all  new  par- 
ties, should  sweep  clean  the  halls  of  government  for  a 
time,  and  then  become  corrupt  like  the  rest.  This 
people's  party,  however,  was  a  great  success  at  a  time 
when  something  of  the  kind  was  imperatively  de- 
nianded.  It  was  ruin  to  the  best  interests  of  the  city 
to  allow  to  remain  in  power  the  old  office-seeking  ele- 
ment, which  made  a  traffic  of  the  public  service,  buy- 
ing and  selling  place  as  something  by  right  belonging 
to  them.  And  for  ten  years  this  new  reform  party 
(lid  well,  purging  and  purifying;  during  which  time 
it  was  a  common  remark  that  no  city  in  the  world  was 
ln'tter  governed  than  San  Francisco.  It  would  be  well 
if  all  men  in  office  lived  honest  lives,  but  this  is  not 
to  be  expected.  It  is  too  muoli  to  ask  of  poor  human 
nature.  The  government  does  not  expect  it.  Ad- 
vancement in  it  is  based  primarily  on  short  terms,  ro- 
tations, and  quick  and  questionable  dexterity,  rather 
than  on  slow  meritorious  ascent.  But  better  a  ten 
years'  respite  from  gross  iniquity  than  none  at  all. 
The  state  at  large  was  less  fortunate,  as  we  shall  see. 

If  members  of  the  Vigilance  Committee  did  not 
ltd  at  liberty  to  enter  politics,  there  were  enougli  who 
did;  war}'  good  men,  careful  conservatives  wdio  loved 
to  reap  where  others  had  soA\n,  who  carried  tiiem- 
sclves  circumspectl}^  before  the  world,  thereby  aeeu- 
iinilating  a  fund  of  reputation  to  be  invested  wlion 
iiiorals  were  low.  These  would  serve  their  country, 
and  faithfully  too — for  a  consideration. 

Vv  hile  the  Committee  were  still  actively  engaged 

Pop.  Twb.,  Vol.  II.    41 


.11 


642 


THE  FRUITS  OP  VIGILANCE. 


in  their  labors,  these  good  sympathizers  organized 
what  was  called  the  people's  nominating  committee, 
who  attempted  to  select  honest  candi<lates  from  amoiiLj 
non-oflSce-seekers,  and  in  the  main  they  did  their  work 
well. 

A  mass-meeting  was  held  in  front  of  the  American 
Exchange  on  the  evening  of  August  11,  185G.  It 
was  largely  attended  by  merchants  and  other  promi- 
nent citizens,  and  steps  for  the  organization  of  a  politi- 
cal reform  party  which  should  continue  the  work  s(» 
nobly  begun  by  the  Vigilance  Committee  were  fairly 
initiated.  Among  other  proceedings  a  committee  of 
twenty-one  was  appointed  to  recommend  candidates 
for  nmnicipal  and  state  officers,  and  to  take  ste})s  to 
secure  their  election.  The  following  resolution  was 
likewise  offered: 

"  That  tho  recent  exhibition  of  the  popular  will,  under  the  fomi  of  a  vigil- 
ance committee,  as  nianifestetl  in  this  city,  exhibits  in  stroug  relief  tin; 
(jratifyiug  fact  that  tho  pu))lic  safety  is  not  solely  depenilcrit  upon  tho  fonii 
(if  government,  but  with  us  is  based  upon  the  intelligence,  the  potriotisiii,  ainl 
the  unity  of  tho  people;  anil  that  in  our  judgment,  the  patience  in  dtlilii  i;i 
tion  and  tlie  calmness  in  decision  manifested  by  that  body  in  the  recent  crisit*, 
when  they  could  neither  be  awed  by  power  nor  shakiii  by  jMission,  proves 
that  Califoniia  has  within  herself  elements  that  will  ensure  obedience  to  tin- 
lawa  when  fairly  administered,  and  a  glorious  future,  if  we  be  but  true  to 
ourselves." 

There  were  composing  this  party  few  who  had  been 
prominent  in  the  vigilance  movement,  which  sliow.s 
yet  again  that  office  was  not  the  object  of  the  leaders 
«>f  the  Committee;  but  it  inherited  to  tho  fullest  ex- 
tent tlie  opinions  of  the  Committee,  pledged  itsell'  to 
their  purposes,  and  subscribed  to  the  i)rineiple><  o[' 
vigilance,  engrafting  tliem  upon  their  creed,  and  w  ril- 
ing them  in  their  cate(;hism. 

In  the  autumn  elections  of  1850,  owing  to  tlio 
splits  of  the  opposing  party  into  republican,  xVmerieaii, 
and  peojile's,  the  democrats  carried  the  state  by  a 
large  majority.  Now  as  tho  law  and  order  men  were 
democrats,  the  deniocrats  anywhere'  might  catch  and 
hang  as  many  horoe-thioves  and  de;^|»ei'a(loes  as  they 


OVERSIGHT  OF  ELECTIONS. 


643 


pleased;  the  more  the  better.  In  the  case  of  the 
San  Francisco  Vigilance  Committee  the  issue  was  be- 
tween the  merchant  and  workingmen,  and  the  politi- 
cians and  non-workers.  Whether  it  was  a  necessary 
or  worthy  movement  had  little  to  do  with  it.  And 
to  carry  their  point,  governor,  lesser  officials,  and  law- 
yers all  stooped  to  countenance  knavery,  to  hobnob 
with  scoundrels,  and  strike  hands  with  wicked  men 
for  the  putting  down  of  the  just.  In  February  1857 
a  gang  of  robbers  and  murderers  was  captured  in  the 
.southern  part  of  the  state,  and  a  dozen  of  them  hang«'d 
innnediately  by  the  people.  The  popular  verdict  was, 
"Well  done!'  Not  a  word  then  had  the  law  anil 
order  men  and  jou/*nals,  before  the  mi-disant  guard- 
ians of  the  constitution,  to  say  about  traitors  and 
.stranglers. 


After  disbandment,  plans  were  proposed  by  the 
executive  committee  for  the  protection  of  the  ballot- 
box,  and  the  board  of  delegates  were  called  upon  to 
concur  and  assist  in  their  execution. 

A  conmiittee  was  appointed  to  select  captains  and 
lieutenants  to  take  charge  of  elections,  on  bcludf  of 
which,  on  the  28th  of  October  185G,  Mr  C.  J.  Deni[»- 
ster  reported.  The  following  is  a  copy  of  instructioii:^ 
issued  by  the  conmiittee  on  elections  to  the  officers 
Avlio  were  to  be  placed  in  charge  of  the  polls: 

"Sir;  You  ore  hereby  appointwl  by  tlie  executive  committee  of  the  Coiii- 
niittee  of  Vigilance  to  take  charge  of  the  vigilant  police  force  which  will  lio 
(U'tuiled  to  preserve  the  public  iHjacc  uiulonkT  iu  your  ilistrict  upon  Tuestlay, 
the  4th  </f  Noveinl>er  next.  In  ussuniing  this  responsible-  position  you  are 
rcniiudeJ  that  neither  the  Conmiittee  of  ^"iJ;ililnce  us  a  whole,  nor  its  mem- 
bi'i-s  iu  their  ofliciitl  capacity,  can  assume  any  side  in  politiail  controvursit.s. 
Tlie  adoption  of  any  Other  course  would  not  only  be  wrong  in  itself,  but 
uould  surely  result  in  «lis.seusion,  since  it  is  pnjluiblc  every  shade  of  iMjliticul 
opinion  and  belief  linds  luajiy  adhcrouts  anionj^  its  members.  The  dutiis 
C'lufidt'd  tc  you  arc  the  preservation  of  tlu^  ballot-box  from  any  attr.ck,  and 
tlie  securing  to  every  citizen,  whether  good  or  Iwd,  the  free  exercise  of  hia 
elective  franchise.  For  the  attainment  of  these  ends  it  ia  rcconuncnded  tliat 
as  early  as  possible  j'ou  will  invite  the  men  selectcil  to  act  under  your  orders 
on  that  occaiiiuu  to  meet  you,  and  tthuw  thcni  thiii  authority.    You  will  obtalu 


THE  FRUITS  OF  ViriLANCE. 


from  each  of  them  a  pledge  that,  laying  oaiUe  all  other  huRiness,  ho  will  nn 
that  (lay  report  himaclf  to  you  at  the  polls  ready  fur  duty,  and  will  nut  al>- 
tent  himself  without  your  pemiission.     You  will  recommend  each  of  tiieiii  to 
vote  ns  early  aa  practicable,  in  order  to  lie  prepared  for  any  duty  which  >  ir- 
ciimHtances  may  require.     You  will  carefully  enjoin  uptin  each  to  nialci)  no 
clifiplay  of  weapons  except  under  the  most  imperative  neuefwity,  to  lot  idur 
teotis  to  all,  and  abstain  from  demonstrations  of  any  kind  unless  pjiiuireil  hy 
the  contingencies  al>ove  expressed.     Should  it  become  nucessury  for  tju'  in<'!<- 
crvntion  of  the  public  peace  to  make  any  arrests  of  drunken  or  disonlm  ly 
pcrHons,  yon  will  send  them  to  the  station-house,  but  should  any  person  ut- 
tempt  to  vote  twice  or  put  in  two  votes  at  once,  or  shouhl  there  appear  tn  liu 
any  organized  attempt  to  destroy  tiie  bullot-lwx,  or  to  take  it  from  tlio  Ugul 
cUHto<liuns,  or  during  the  counting  of  the  ballots  to  interfere  witii  tlie  itumu  iiy 
force,  yon  will  at  once  deapatch  a  mounted  meBHcnger  to  the  executive  com- 
iiiittce,  and  immediately  arrest  the  perpetrators,  and  send  them  untler  u  oulli 
cient  escort  to  the  building  in  Sacramento  street  lately  occupied  by  the 
Committee  of  Vigilance.     It  is  expected  that  by  arranging  reliefs  ymi  w  ill 
obtain  a  sutlicient  force  to  protect  from  violence  the  ofliccrs  and  the  IxiUutii 
until  the  counting  is  iinished.     Should  the  otiicera  who  have  dmrge  rt^fime, 
contrury  to  law  and  the  instructions  of  the  board  of  supervisors,  to  allow  a 
rcuMonnblc  nuinlH.'r  of  peuccnble  citizens,  representing  as  nearly  as  may  be  nil 
the  ]Htlitical  parties,  to  \>c  present  during  the  counting  of  the  ballots,  you  will 
imniediutely  report  the  fact  to  the  executive  committee.     The  dragoons,  who 
will  l)e  at  the  polls,  will  be  your  I)e8t  and  most  speedy  messengers.     You  w  ill 
suggest  to  the  men  under  your  command  the  importance  of  keeping  so  ciirclul 
n  watch  upon  all  m ho  surround  the  polls,  tluit  no  criminal  shall  hcrcattcr 
escape  ])Unisliment  through  lack  of  direct  and  reliable  testimony.     You  will 
remind  every  man  that  he  is  in  some  measure  the  representative  of  m'v™ 
thousand  freemen,  and  that  new  lustre  may  be  cast  upon  the  g(X)d  tin;  Coin- 
ii'ittee  of  Vigilance  lias  already  accomplished,  by  the  energy,  discretion,  ami 
impartiality  he  may  manifest  upon  election-day,  while  the  lack  of  any  of 
these  rjualities  may  tarnish  not  only  his  own  character,  but  the  reputation  of 
tiie  body  of  which  he  is  a  member,  and  entail  evil  consequences  upon  the 
entire  community." 

The  election  of  tlie  4th  of  November,  so  far  as  San 
Francisco  County  was  concerned,  resulted  in  tliu 
victory  of  th^  people  over  the  professional  politicians. 
The  fact  that  Buchanan, democrat,  received  the  largest 
number  of  votes  for  president,  while  the  congressmen 
and  state  and  city  officers  elected  were  republicans, 
]>eople's  reform  candidates,  and  vigilants,  shows  that 
while  a  majority  of  the  citizens  favored  the  deni(»- 
cratic  party,  they  were,  by  the  late  trials  which  tlu  y 
had  undergone,  sufficiently  divorced  from  party  to 
cast  their  votes  on  the  side  of  purgation  and  purity. 


THE  CONSOLIDATION  ACT. 


615 


Already  was  now  in  force  in  San  Francisco  tho 
conHolidation  act,  devised  by  Horace  Hawcs,  by  means 
of  which  the  city  and  county  were  united  under  .)no 
jfovernuicnt  with  reduced  legislative  powers,  and  with 
taxes,  which  might  be  levied  for  each  specific  object, 
limited.  This  act  required  a  strict  severnlization  of 
tho  public  fund,  and  prohibited,  at  any  time,  draM'ing 
or  borrowing  from  one  fund  moneys  to  be  employed 
for  tho  benefit  of  another  fund.  All  officers  i»f  tlie 
government  were  brought  down  to  strict  economy  and 
accountability. 

Its  origin  was  that  same  dissatisfaction,  arising 
from  long-continued  indifference,  neglect,  not  to  say 
rascality  and  criminality  in  public  afliairs,  which  called 
into  being  the  Vigilance  Committee;  and  although 
ihawn  by  a  mind  regarded  by  some  as  bordering  on 
insanity,  and  passed  by  a  legislature  little  loving  Sau 
I'lancisco,  it  was  a  most  wise  and  practicable  measure 
for  thriftless,  peculative  times. 

Some  said  that  to  this  act  rather  than  to  tho 
people's  party  San  Francisco  was  indebted  for  her 
siibse(juent  good  l)ehavior;  but  this  is  hardly  true. 
J^aws  are  of  little  avail  when  the  })eople  are  not  with 
them,  as  wo  have  seen.  Besides,  Sacramento  had 
lier  Vigilance  Connnittec  and  her  economic  charter, 
l)ut  neglecting  to  put  good  men  in  office,  her  finances 
and  morals  weie  comparatively  little  improved  thereby. 

It  was  a  different  class  of  men  that  now  becan)o 
olficers  of  the  San  Francisco  municipality.  Of  tho 
A'igilance  Committee,  after  its  disbandment,  a  few  ac- 
cepted office.  Tillinghast  was  nonnnated  for  city 
tieasurer,  James  F.  Curtis  for  chief  of  police,  and 
Doane  for  sheriff.  Henry  P.  Coon,  an  elder  of  Cal- 
vary church,  educated  as  a  physician,  a  man  (»f 
moral  presence  and  of  the  highest  integrity  and 
respectability,  was  made  judge  of  the  police  court, 
and  as  such  became  famous  in  dealing  strict  and 
impartial  justice.  Like  many  others,  Mr  Coon  hatl 
R^yuipathized  with  the  Vigilance  Connnittee,  but  had 


y. 
^ 


d 


K^^^'-i^- 


^' 


"V- 


'<' 


G40 


THE  FRUITS  OF  VIGILAXCE. 


never  been  a  member  of  that  organization.  Thouqli 
cautious,  too  excessively  so  ever  to  have  made  a  li- 
ft )rnier  where  the  risk  was  anything  hke  that  incurred 
by  the  members  of  the  Vigilance  Committee,  yet,  with 
the  sense  of  the  community  at  his  back,  and  sure  tliit 
personal  and  pecuniary  salety,  social  standing,  and 
morality  as  well,  lay  upon  the  same  side,  he  could 
castigate  vice  soundly.  He  did  most  excellent  service 
ill  that  position,  and  was  reelected  until  he  felt  obligixl 
to  decline  the  office  further. 

As  police  commissioner  Mr  Coon  likewise  did  well. 
In  connection  with  his  two  associates,  the  chief  of 
police  and  the  president  of  the  board  of  supervisors, 
he  selected  from  a  thousand  applicants  of  all  grades  a 
new  police  force,  and  what  was  yet  more  difficult, 
kept  up  the  moral  tone  and  efficiency  of  the  force 
afterward. 

The  policemen  of  our  American  cities  arc  a  byword, 
a  standing  joke  on  justice.  Composed  mostly  of  the 
lower  quality  of  our  imported  element,  who,  by  attend- 
ing at  primaries  and  working  for  the  successful  candi- 
date at  the  polls,  have  in  their  own  opinion  earned 
subsequent  distinguished  recognition,  they  sun  theiu- 
sclves  upon  the  streets,  draw  their  salaries,  and  re- 
pose upon  their  luck  and  laurels.  If  wakened  i'loiii 
their  dolce  far  niente  by  the  report  of  a  pistol,  and 
the  offender  rushes  into  their  arms,  they  lead  him  ott 
to  prison,  proud  of  their  achievement.  But  he  who 
expects  from  detectives  that  activity  and  keen  enthu- 
siasm in  the  ferreting  of  criminals  which  the  case  seems 
to  demand,  without  the  stimulus  of  reward  other  than 
that  of  salary,  is  smiled  upon  for  his  simplicity.  i\o 
to  the  police-office  of  any  of  our  cities  and  enter  a  Cdin- 
plaint.  If  you  want  thorough  and  efficient  action  yii 
must  pay  for  it,  and  })ay  in  proportion  to  the  amount 
of  work  you  want  done.  So  long  as  politics  is  made 
a  profession,  and  office  the  reward  of  pre-election  ser- 
vice, the  people  must  expect,  if  they  would  have  a 
thing  well  and  (piickly  done,  to  do  it  themselves.    1)}' 


HONESTY  AND  ECONOMY. 


m 


tlio  zealous  and  sagacious  Coon  the  fat  guardians  of 
the  city  were  made  for  a  time  to  bestir  themselves, 
until  vice  of  a  truth  became  afraid,  and  hid  itself 
Under  this  reform  administration  evil-doers  knew 
almost  to  a  certainty  that  their  crimes  would  be  de- 
tected and  punished. 

When  the  new  officers  came  into  power  the  city 
treasury  was  not  only  bankrupt,  but  scrip  had  been 
issued  anticipating  the  revenue  for  months  to  come. 
The  consolidation  act  was  extremely  rigid  in  its  j)ro- 
visions  as  to  salaries  and  expenditures,  and  permitted 
the  contracting  of  no  debts  for  running  expenses. 
The  police-juugc  was  obliged  for  a  time  to  furnish  his 
.stationery  at  his  own  expense.  The  police-docket  be- 
coming tilled,  tlie  police-judge  notified  the  board  of 
supervisors  that  a  new  one  was  required.  That  body 
decided  that  under  the  law  the  book  could  not  be 
Ijought,  there  being  no  public  money  under  the  con- 
trol c£  the  board.  Finally,  when  it  began  to  look  as 
though  the  sentences  of  drunks  and  other  important 
police  doings  would  be  lost  to  posterity,  a  member  of 
the  board  arose  and  said  that  a  court  doin<Tf  its  work 
so  well  must  not  be  left  without  a  docket,  and  that  ho 
would  furnish  one  himself  And  sure  enough  the 
court  was  scarcely  open  next  morning  when  the 
irii?antic  form  of  Samuel  Mei'itt  was  seen  entering 
the  door,  bearing  in  his  arms  a  massive  record-book, 
his  big  broad  face  beaming  with  satisfaction  as  he  de- 
posited it  on  the  clerk's  desk. 

In  truth,  so  narrowly  were  abuses  watched  under 
the  new  ren'nne  that  })eculatit)n  in  office  went  out  of 
fashion.  ^len  positively  prided  themselves  in  being 
honest,  efficient,  faithful  in  conducting  the  business 
imposed  on  them  by  their  fellow-citizens,  with  as 
strict  regard  to  economv  and  success  as  they  would 
em])l()y  in  conducting  their  own  private  affairs. 

The  gas  company  ran  uj)  enormous  bills  against  the 
city,  and,  as  usual  in  such  cases,  protested  tliey  could 
take  no  less.    Thereupon  the  new  officials  turned  off 


ft 


64S 


THE  FRUITS  OF  VIGIKt^TE. 


the  gas,  and  each  supervisor,  judge,  or  other  public 
night-worker  brought  his  tallow-dip,  whose  dim  but 
honest  flicker  argued  a  brighter,  purer  light  than  any 
liitherto  flashed  by  brazen  iniquity.  And  when  judges 
suggested  stoves  to  warm  their  rooms  withal,  the  city 
fathers  pointed  to  the  beauty  of  the  Californian  cli- 
mate, w!iich  so  favored  an  impoverished  city  treasury 
as  to  render  the  expense  of  fuel  unnecessary.  Many 
a  city  lot  had  been  rendered  valueless  by  the  arbitrary 
grading  of  streets  over  the  sand  and  stone  hills  of  the 
peninsula.  By  the  new  charter,  backed  by  official 
pledges,  streets  were  to  be  opened  or  reduced  to  the 
official  grade  only  as  petitioned  for  by  property- 
owners.  And  even  then  there  was  iniquity  enough 
in  it  to  ruin  many  real  estate  owners. 

To  E.  W.  Burr,  the  first  president  of  the  board  of 
supervisors  elected  under  the  consolidation  act,  much 
praise  is  due  for  his  unwearied  energy  in  providin.;- 
ways  for  supporting  the  impecunious  government.  It 
A\as  finally  determined  to  lay  a  temporary  tax  on  trades 
and  occupations,  a  burden  the  people  cheerfully  bore, 
that  the  proceeds  might  be  useil  to  bridge  the  present 
financial  emergency.  The  police -judge's  court  was 
likewise  a  source  of  revenue,  as  the  fines  imposed  were 
by  no  means  small. 

Within  a  year  the  former  signs  of  desolation  i;i 
municipal  affairs  began  to  disappear.  The  city's  crodit 
was  restored,  and  the  clouds  of  gloom  were  lifted. 
Money  began  to  accumulate  in  the  city  treasury. 
Bills  were  paid  in  cash,  confidence  was  restored,  and 
San  Francisco  entered  on  a  career  of  unprecedented 
prosperity.  Mr  Coon  was  subsequently  twice  elected 
mayor,  once  in  18G3  and  again  in  18G5,  serving  four 
and  a  half  years  in  all. 

Now  let  us  recite  as  briefly  as  possible  what  the 
Vigilance  Connnittee  of  185()  actually  did.  We  may 
sai'ely  say  it  put  a  sto[)  to  open  street  murder,  to  un- 
blushing corruption  in  courts,  to  ballot-box  stuffing 


GENERAL  REFORM. 


649 


and  election  frauds,  and  to  divers  public  immoralities 
in  their  numerous  nooks  and  phases.  It  lifted  down- 
trodden virtue,  and  made  right  respectable.  It  puri- 
fied the  atmosphere  of  politics,  and  cleared  the  sewers 
of  society. 

If  we  confine  ourselves  to  particulars,  the  actual 
punishment  inflicted  by  the  Committee  was  as 
nothing  compared  to  the  actual  effect  of  the  organ- 
ization. Four  men  only  were  hanged ;  but  the  lesson 
taught  was  the  same  as  if  the  number  had  been  four 
hundred.  Thirty  or  thereabouts  were  banished, 
twenty-five  actually  shipped  hence,  and  five  or  more 
notified  to  leave;  but  it  was  roughly  estimated  that 
eight  hundred  of  the  worst  characters  a  community 
was  ever  cursed  with  left  in  consequence.  Think  of 
it.  In  so  small  a  community,  eight  hundred  human 
vultures,  thieves,  murderers,  corrupters  of  public 
morals,  gamblers,  prize-fighters,  ballot-box  stuifers, 
loafers,  and  vagabonds,  feeding  on  the  labors  of  honest 
men,  driven  hence  almost  in  a  body.  It  was  a  grand 
triumph  of  the  right. 

And  not  only  were  the  honest  thus  obliged  to  sup- 
])ort  the  dishonest  in  idleness,  but  they  must  build 
jails  for  them,  and  hire  officers  to  watch  them,  and 
pay  judges — alas!  too  often  not  to  punish  them  as  I 
ought  to  say,  but  to  liberate  them.  When  we  think 
what  harm  one  bad  man  can  do,  think  of  eight  hun- 
dred betaking  themselves  from  a  community  of  less 
than  fifty  thousand,  and  then  talk  about  the  evils  of 
anarchy  and  reaction! 

A  few  figures  will  best  show  the  nature  and  extent 
of  financial  reform.  Officers'  salaries  in  1858,  with 
an  infinitely  better  governed  city,  were  little  over 
one  quarter  what  they  were  three  years  before.  The 
city  and  county  expenses  were  in  1854,  $1,831,825; 
in  1855,  $2,G4G,190;  in  1856,  $850,120;  in  1857,  .s;{:);5,- 
202;  in  1858,  $;]()G,427;  in  1851),  $480,805;  in  18G0, 
S70(),719;  in  18G1,  $512,890.  Prisoners  and  police  in 
1855  cost  $230,090,  and  this  was  mostly  expended  in 


650 


THE  FRUITS  OF  VIGILANCE. 


inaintaiiilniX  and  libcratin<j  criminals.  In  1858,  v.licn 
the  number  punished  was  ten  times  greater  than  chniiin" 
the  year  before  mentioned,  the  expenses  were  .s5y,'.)4;{. 
For  extra  legal  services  the  city  was  taxed  in  18;").") 
631,821;  in  1858,  one  quarter  that  sum  did  live  times 
the  execution.  For  advertising  and  stationery  the  city 
paid  in  1855,  6(55,201;  and  in  1858,  $2,7'27;  assessment 
ex})ens^^s  in  1855,  $45,011;  in  1858,  $9,100;  election 
ex})ense;3  in  1855,  .S22,920;  in  1858  they  weiv  notliing. 
And  .so  on.  And  this  while  from  one  fifth  to  one  third 
of  the  city's  revenue  went  to  the  satisfaction  of  old 
claims  contracted  during  the  swindling  e[>och.  Since 
the  expiration  of  the  ten  millennial  years  expenses  have 
gradually  increased,  until  now  the  government  of  the 
city  costs  at  least  twice  or  thrice  what  it  would  cost 
under  prudent  management. 

Jt  was  stated  that  Sheriff  Scannell  paid  the  dem- 
ocratic central  committee  $100,000,  regarded  as 
equivalent  to  election,  for  his  nomination  to  an  oilico 
with  a  salary  of  !?  12,000  a  year  for  four  years;  and 
yet  as  times  were,  there  was  money  in  it.  David's 
eye  was  not  Banquo's,  nor  yet  like  the  eye  uj)on  the 
vigilant  seal  having  no  speculation  in  it;  J)aMd  saw 
much  gold  in  perquisites,  to  which  fund  undoubtedly 
Casey  and  Cora  would  gladly  have  contributed  a  few 
thousands. 

So  simple  a  thing  as  the  impanelling  of  a  jury 
was  profitable  if  one  understood  one's  business.  Like- 
wise witnesses  were  always  at  hand  who  would  testily 
on  either  side  of  any  case,  even  though  they  had 
never  heard  of  it  before  trial.  Knights  o'  the  jiost 
they  were  called  in  ancient  times,  persons  who  waited 
at  the  proclamation  posts  set  up  by  sheriffs  at  their 
doors  and  haunted  the  purlieus  of  courts  ready  to 
swear  to  anything  fjr  a  consideration.  There  was 
always  money  in  office  for  judges  ready  to  sell  state 
morals  by  auction,  as  well  as  for  sheriffs,  who  bought 
truth  cheap  and  sold  falsehood  high. 

The  public  leeches  had  not  only  absorbed  the  vast 


A  XOMIXATING  CDimiTTEE. 


C51 


]iMtriniony  iiilieiitcd  by  the  city,  but  liad  piled  up  a 
inountaiu  of  debt  bcarinir  interest  at  the;  i-ato  of 
thnty-six  per  cent,  per  aiinuin,  uudor  which  shu  stajjj- 
^•crud  sceiniiif^ly  toward  bankruptcy.  The  ficriuent 
cifoi'ts  ibr  I'oforni  had  secured  some  good  olKcers  in 
pubhc  positions,  but  their  number  bore  no  ja-oportion 
to  tlie  sacrifices  and  perils  encountered,  and  their  in- 
Huencc  was  almost  neutralized  by  the  tricks  and  thefts 
of  their  coadjutors. 

Now  i)ublic  conlidence  in  the  ability  of  the  citizens 
to  f^overn  themselves  was  restored.  The  Connnittec 
had  asked  of  the  commonwealth  no  limitless  })i'ivik!gc 
oi'  /'(is.sd  ct/'urca,  but  only  a  little  })atience  as  the  re- 
ward of  great  pains.  Meanwhile  the  authorities,  shorn 
(A'  their  strength,  looked  in  wxmder  on  tlie  ])eoj)le  who 
had  thus  wrested  from  them  the  power  with  which 
tht'y  had  so  lately  invested  them.  They  wondered, 
and  they  complained  that  some  serious  evil  would 
come  of  it;  but  they  mistook  the  intelligence  and  dis- 
cretion of  the  people. 

From  this  time  forward  the  price  of  real  estate 
advanced  rapidly  in  all  the  ])rincipal  towns  of  the 
state.  Builders  went  forward  in  their  improvements, 
witli  moi-e  confidence  in  the  integrity  of  the  connnon- 
wealth,  and  more  security  i'rom  the  atrocities  of  crim- 
inals. JSIorality  once  more  held  up  its  head,  and  men 
talked  again  of  bringing  wives  and  sisters  to  the 
country,  and  of  making  this  their  permanent  resi- 
dence. 

Another  benefit  of  the  new  system  was  to  put  down 
that  pest-house  of  j)olitics,  primary  electiijiis,  wliere^ 
bribery  was  barefaced  and  ex})ected,  and  all  sorts  of 
trickery  that  human  ingenuity  could  devise  was  con- 
cocted to  be  let  loose  on  election-day.  In  [)lace  of 
this  evil,  each  year  as  election-day  drew  nigh  a  nom- 
inating committee,  first  chosen  by  the  originators  of 
the  people's  party,  and  after  that  each  connnittee 
naming  its  successors,  selected  candidates  for  office 
according  to  their  honesty  and  fitness,  and  recom- 


■ 


f 
it- 

f 


i 


652 


THE  FRUITS  OF  VIGILANCE. 


mended  them  to  the  people.  To  avoid  the  evils  at- 
tending the  continued  centralization  of  ])ower,  the 
members  of  each  nominating  committee  pledged  tlieir 
predecessors  to  receive  no  nomination  themselves 
within  a  given  time. 

No  man  living  knew  better  the  theor}''  of  the  peo- 
ple's party,  none  knew  better  what  should  be  the  at- 
tributes and  rationale  of  an  organization  having  in 
view  tlie  unification  and  preservation  of  the  benefits 
accruing  from  the  arduous  labors  of  the  Vigilance 
Committee,  than  Mr  Clancey  J.  Dempster.  No  man 
took  a  livelier  interest  in  the  closing  affairs  of  the 
Committee,  or  labored  more  intelligently,  more  un- 
tiringly to  secure  to  San  Francisco  the  inestimable 
blessings  which  were  made  her  rightful  heritage,  be- 
queathed by  the  noble  men  who  had  so  long  and  ear- 
nestly and  silently  striven  to  achieve  a  conquest  over 
evil,  which  should  give  their  sons  and  their  sons'  sons 
fresli  courafje  in  battling  for  the  riijht.  None  saw 
more  clearly,  or  felt  nujre  deeply,  or  spoke  purer 
words  than  he;  and  I  cannot  do  better  than  here  to 
give  his  views  upon  the  subject  as  taken  from  his  dic- 
tation. 

"The  people's  party,"  says  Mr  Dempster,  "realized 
that  rotation  in  office  was  the  primal  cause  of  the  adul- 
teration of  public  virtue  which,  unless  it  were  checked, 
would  bring  to  bear  upon  our  republican  institutions 
an  almost  unendurable  strain;  and  the  organization 
resolved  to  grapple  with  the  evil,  and  endeavor  to 
educate  the  })ublic  mind  to  a  comprehensive  under- 
standing of  its  fatal  tendency.  It  was  also  realized 
that  the  cor-rupt  and  inefficient  governments  of  our 
large  cities  had  become  a  standing  reproach  to  the 
great  i'e}>ublic,  and  that  this  state  of  affairs  must  be 
i-emedied,  or  at  least  modified,  if  the  example  afforded 
by  our  country  of  the  wisdom  of  a  government  of  the 
people,  by  the  people,  and  for  the  people,  was  to  con- 
tinue to  influence  the  thinking  minds  of  the  other 
nations.     For  the  attainment  of  this  end  the  leaders 


DEMPSTER'.S  VIEWS. 


68» 


of  tlio  people's  party  saw  that  it  was  necessary  to  sep- 
arate the  local  municipal  governniont  IVoni  the  <jf'jncral 
party  politics  of  the  state  and  nation.  Some  desired 
to  go  a  step  further,  and  vest  the  power  to  levy  and 
disburse  taxes  in  officers  who  sliould  be  elected  ex- 
clusively by  those  who  ))aid  the  taxes,  an<l  thus 
escape  the  many  evils  attendant  on  taxation  without 
representation.  These  men  realized  that  civic  patri- 
otism could  ho  depended  on  only  for  emergencies,  and 
could  not  be  relied  upon  to  secure  that  constant 
watchfulness  which  is  as  much  the  price  of  nuniicipal 
official  integrity  as  eternal  vigilance  is  said  to  be  that 
of  liberty.  They  felt  that  in  order  to  secure  the  safety 
which  might  result  from  enlisting  the  universal  pas- 
sion of  selfish  regard  for  one's  own  pocket,  and  escape 
the  control  of  voters  indiffijrent  to  numicipal  extrava- 
gance or  dishonest  officials,  because  unable  to  perceive 
the  direct  injury  to  their  own  pecuniary  interests,  such 
was  the  only  solution  of  the  difficulty.  Active  minds 
of  the  Vigilance  Committee  recognized  that  a  reform 
with  such  aims  could  be  effected  only  by  long  con- 
tinued effort.  The  exertions  of  the  Vigilance  Com- 
mittee had  been  required  to  clear  the  field;  to  relievo 
the  connnunity  of  the  terror  inspired  by  tlie  associ- 
ation of  the  rough  element  with  the  corrupt  rings  of 
the  plunderers  of  the  city,  and  to  protect  the  timid 
from  all  danger  in  the  assertion  of  their  right  as  free- 
men to  vote  at  elections;  and  to  break  up  the  gangs 
of  patent  ballot-box  owners  into  which  they  fraudu- 
lently stufted  the  number  of  ballots  needed  for  their 
purposes.  They  recognized  the  fact  that  the  work 
accouiplished  was  only  the  first  step;  that  diligent 
and  persevering  labor  was  requisite  to  cleanse  the 
Augean  stable,  and  disentanixle  the  almost  inextricablv 
confused  finances  of  the  municipality  in  order  to  put 
them  or  the  pay-as-you-go  basis,  and  this  without 
taking  ahv  open  and  prominent  part  in  organizing  tlie 
people's  party.  Chiefly  by  their  counsels,  therefore, 
they  were  able  to  establish  it  on  a  basis  which  gave  it 


1  /     K 


m 


1 

"^tii 

6tt 


THE  FRUITS  OP  VIGILANCE. 


the  control  of  the  city  gfovornmcnt  for  a  period  of 
eight  or  ten  years, dunng  which  time  the  financial  obli- 
gations of  San  Francisco  doubled  in  market  value,  and 
the  taxes  were  reduced  uniforndy  and  equitably. 

"The  courts  too  were  redeemed  from  the  old  re- 
proach of  inefficiency  and  partiality,     ^[any  of  the 
exorbitant  fees  which   left  the  individual  liy  whom 
they  were  j)aid  impoverished,  and  merely  served  to 
make  their  ultimate  recipients  the  wealthy  chieftains 
of  gangs  of  retainers,  were  first  reduced,  and  then 
turned  into  the  city  treasury,  while  the  officials  t(» 
whom  they  had  been  paid  were  compensated  by  rea- 
sonable salaries.    This  course  relieved  the  citizens  of 
the  incubus  of  offices  of  immense  profit  being  at  each 
election  struggled  for  by  candidates  ready  to  disburse 
in  bribes  and  subsidies  to  corrupt  men  a  very  large 
percentage  of  the  pecuniary  value  of  the  posts  to  bo 
obtained.     A   public   sentiment   was   created   which 
made  jury  duty  a  sacred  obligation  to  be  fulfilled  with 
comparative  cheerfulness,  from  a  due  sense  of  duty 
to  one's  fellow-citizens,  and  the  paramount  importance 
of  the  public  weal;  and  this  very  materially  aidetl  in 
bringing  it  to  pass  that  the  administration  of  justice 
from   having-   been  a  byword  now   commanded   the 
p ..olic  confidence  and  respect.    Before  the  organiza- 
tion of  the  Vigilance  Committee  society  was  com- 
pletely disorganized.   Property  had  no  protection,  and 
life  was  insecure.    The  obligations  and  privileges  of  a 
considerable   poHion  of  the   people  were  even   less 
secure  than  they  would  have  bo<^n  in  a  semi-barbarous 
country.     Murders    innumerable   were   openly   com- 
mitted, and  the  murderers  went  unpunished.    Very 
many  citizens  felt  that  the  time  was  fast  approaching 
when  they  should  find  themselves  obliged  to  abandon 
the  brilliant  business  opportunities  offered    by  San 
Francisco's  advantageous  position,  and  return  to  those 
communities  where,  if  the  returns  of  labor  were  less, 
it  was  also  certain  that  safety  of  life  and  protection 
to  propeity  were  to  bo  obtained.    The  power  of  the 


ONE  YEAR  AFTER. 


6W 


Vinilancc  Coinniittco  had  swept  away  forever  the 
most  (•on'Ui)t  of  those  riiiijs  whicli  had  l)rouii:ht  about 
the  chionic  evils  which  called  that  organization  into 
being.  The  faithful  and  persevering  efforts  of  the 
j)eo[)le's  party  restored  to  a  grateful  and  rejoicing 
society  all  the  welcome  sanctions  of  law  and  order." 
One  year  after  the  inauguration  of  the  people's 
party  we  find  in  the  journals  of  the  day  such  expres- 
aiouH  of  satisfaction  as  this: 

"  I'robnMy  no  oomnicrci.il  city  in  the  United  States  li.i3  aa  nuicli  cause  for 
Bclf-gratiilation  an  San  FranciHco.  For  tiireo  yeara  past  slie  lias  sufFeri'd 
the  very  extremity  of  hard  times.  Her  business  had  fallen  off;  lier  popula- 
tion had  decreased;  Iicr  property  had  Itecomo  vastly  depreciated.  Worse 
tlian  all,  iicr  government  w.as  in  the  liands  of  a  corrupt  and  unprincipk'd  knot 
of  leeclies,  wlu)  had  suol;ed  every  drop  of  lier  revenue,  and  were  fattening 
U])on  licr  credit.  It  wa.s  at  this  crisis  in  her  history  tliat  tlic  people  awoku 
t(j  tiio  diinger  of  their  position.  By  the  exercise  of  cour.ige  anil  decision 
uliMost  unparalleled,  they  wrested  the  control  of  the  city's  affairs  from  tlioso 
uho  had  ruined  and  made  her  bankrupt.  Tliey  instituted  economy  in  place 
of  extravagance.  They  iiu'ugurated  thrift,  honesty,  and  official  re.sponsil)ility. 
The  doctrine  was  enunciated  that  hereafter  we  must  pay  as  we  go,  and  thiit 
wlien(!ver  we  did  not  iiavo  the  money  to  advance  for  a  thing  we  would  liavo 
to  do  without  it. 

"  Never  did  experiment  work  better.  It  takes  an  effort  of  imagination  to 
realize  that  tliis  is  the  same  San  Francisco  that  we  lived  in  two  years  ago. 
We  have  now,  truly,  a  model  government.  Notwithstjinding  tlie  fact  that 
our  population  is  composed  of  exceedingly  discordant  elements,  made  up  by 
accessions  from  all  parts  of  the  world,  we  enjoy  a  free<lom  from  riot  and  dis- 
turbance not  exceeded  by  any  city  in  the  union.  Propei-ty  and  life  are  both 
as  secure  here  as  they  are  anywhere.  People  travel  our  streets  at  all  times  <if 
the  day  and  night,  feeling  perfect  safety.  The  carrying  of  arms  lias  been  id- 
most  entirely  discontinued.  Affrays  and  bloodshed,  which  seem  to  prevail 
nil  over  the  United  States  to  an  extraordinary  extent,  are  now  so  rare  here  as 
to  Ijc  almost  unknown.  Public  gambling  has  been  abolished,  and  the  Ijlack- 
legs  and  loafers  who  used  to  block  up  Montgomery  street  have  lied  to  more 
congenial  atmosplieres. 

' '  Compare  San  Francisco  in  those  respects  with  Baltimore,  or  New  Or- 
leans, or  New  York,  and  see  how  much  the  advantage  is  on  our  side.  Tl;o 
mail  just  arrived  from  the  east  brings  us  the  news  of  desperate  riots  at  New 
Orleans,  of  the  systematic  and  deadly  warfare  between  the  Irish  and  .\inericun 
citizens  there.  Every  night  a  murder  or  two,  or  a  mab,  or  a  desperate  riot, 
is  recorded.  On  election  day,  full  one  third  of  tiie  voters  feared  to  sliow  their 
faces  at  the  polls,  such  was  the  terror  of  niffianism.  In  Baltimore  it  wad 
worse.  We  see  that  city  declared  under  martial  law  by  the  governor  of 
Maryland,  and  seven  thousand  soldiers  called  upon  to  maintain  the  purity  of 
the  ballot-box.     lu  New  York  is  the  old  succession  of  outrages  and  riots. 


fi 


THE  !■  nnXS  OF  VIGILANCE. 


"Anil  In  Imsinrss  nlFaii'M,  iilso,  wo  liavc  just  reason  to  Itp  prnnil.  Tlio 
\>Miic  wliii'li  lijis  swept  (pver  tlie  whole  country,  has  left  San  rianeiBco  almost 
iinscntheil.  Our  jiiurnalM  are  not  Imnlened  witli  listH  of  failures.  Our  Btreets 
ure  not  (TowiUmI  with  men  mu\  women  tlirown  out  of  emjiloy.  If  anythinu', 
liusiness  of  all  kinds  has  lately  heen  given  an  impetus,  and  our  prospects  ap- 
pear l)rigiiter  to-day  than  they  havo  for  several  years  before. 

"  San  Francisco  favorably  compares,  also,  not  only  witli  her  sister  cities  at 
the  east,  lint  takes  precedence  of  all  the  other  cities  and  towns  in  Californiii 
in  point  of  g(X)d  government  and  economy  of  management.  While  Sacra- 
inentans  are  jroaning  under  a  rate  of  taxation  which  is  declared  to  lie  heavier 
tluin  tiiey  can  Sear,  we  get  along  without  difTiculty  upon  a  rate  of  taxation  a 
little  over  a  half  as  much,  and  nro  thinking  of  a  reduction.  Noimdy  talks 
about  rcpndiiition  here,  or  of  demanding  that  our  bondholders  shall  reduce 
theii  just  interest,  as  they  do  in  Sacramento.  The  atTuirs  of  Stockton  and 
Marysville  are  in  almost  as  ba<l  away  as  are  those  of  Sacramento.  All  of  these 
places  are  rapidly  running  in  debt.  All  of  them  have  for  oilicers  men  who 
neglect  to  ]iay  aullicient  attention  to  the  necessity  of  public  economy.  To  re- 
ward partisan  favorites  they  squander  tiie  money  of  the  people,  without 
paying  heed  to  that  general  bankruptcy  wliich  stares  them  in  the  face. 

"And  our  superiority  of  government  is  no  less  manifested  by  the  manner 
in  which  the  Lim-s  arc  enforced.  While  the  rondeau-players  openly  violate  the 
statute  everywhere  else  throughout  the  state,  they  dare  n(jt  practise  their 
calling  here.  For  a  week  or  two  they  tried  it;  two  or  tlireo  liundred  vagii- 
Itonds  from  the  interior  towns  tlocked  here  to  fleece  the  people.  Fifty  or 
sixty  rondeau-tiibles  stiirted.  But  the  stem  edict  of  Judge  Coon  went  forth,  and 
rondeau  games  collapsed,  and  the  gamblers  fled  back  to  their  i>ld  homes,  dis- 
comfited. 

"Our  people  should  not  fail,  therefore,  to  appreciate  these  advantages. 
We  know  that  the  remnant  left  of  those  who  have  been  driven  from  oifice  and 
out  of  responsible  positions  keep  their  tongues  wagging  to  depreciate  tiic 
present  government.  These  people  pine  for  a  return  of  the  old  order  of 
things,  but  we  fear  little  from  their  dissatisfaction  or  their  slanders.  Our 
people  know  too  well  when  they  are  benefited." 

Shortly  before  election  tlioro  was  nr»  annual  appeal 
to  the  voters  l)y  the  people's  journals,  one  of  which, 
issued  seven  years  after  the  killing  of  King,  I  insert 
here  to  show  the  contrast  in  the  times : 

"On  Tuesday  next  the  voters  of  the  city  are  to  decide  whether  their 
numicipal  atFairs  shall  be  administered  as  they  have  been  for  seven  years 
past,  or  shall  be  turned  over  to  the  politicians.  Our  own  history  tells  us 
precisely  what  to  expect  if  they  conclude  to  try  the  latter.  San  Francisco  is 
fourteen  years  old.  Seven  j-ears  she  was  governed  by  politicians,  seven  years 
the  people  have  managed  her  affairs.  While  the  former  ruled,  improvements 
were  neglected,  taxes  swelled  enormously,  property,  which  naturally  shouM 
have  advanced  in  price,  either  depreciated  or  barely  held  its  own  in  value. 
Kiots  prevailed,  violence  was  an  cvery-day  occurrence.     Murder,  veiled  or 


ANNU.U.  APPEAL. 


Co7 


open  anil  defiant,  stalked  throngli  our  strccta.  Iloncst  men  were  compoUud 
to  go  armed  to  their  work,  and  every  bush  concealed  a  villain.  Justice  WM 
perverted.  The  courta  wore  rather  the  sanelfuarics  of  criminals  than  tlieir 
terror,  and  crime,  if  only  deep  and  heinous  enough  to  command  tlu^  syrnpnthy 
of  unjust  criminal  officials,  was  sure  to  go  unpunislicd.  We  were  a  disgraced, 
disliODorod  city.  Life  insurance  companies  cliarged  extra  premiums  for  rcsi- 
denco  hero,  and  a  man  at  the  oast  who  showed  tiie  uncontrovertible  evidences 
of  his  wealth  in  real  estate  located  liere,  was  deemed  tlio  possessor  of  the 
most  slippery  sort  of  property  that  ever  went  under  the  name  of  real  estate. 

"Seven  years  up,  tlio  people  dethroned  the  villains,  expelled  the  hounds, 
lianiahod  incorrigiblcs,  executed  murderers,  and  undertook  to  govern  tliem- 
.><elvc8.  Now  how  tiie  picture  changes.  Tlio  physical  face  of  the  city  assumes 
a  new  aspect.  The  streets  shoot  out  into  tlio  sulnirbs  and  improvement  is 
vverywhoro  busy.  Taxes  ccaso  to  bo  onerous.  Wo  pay  not  one  fourth  !ia 
much  for  good  government  as  the  villains  sweated  out  of  us  to  support  t'.iein 
in  their  infamous  power  to  tyrannize  (Aer  us. 

"Tlio  streets  aro  busy  with  the  rattle  and  hum  of  industrj',  and  the  cry  of 
one  sufrering  violence  is  rarely  heard.  Night  is  as  safe  as  day.  Tlie  stranger 
wanders  into  ihe  remotest  suburb,  or  threads  the  naiTowest  alley,  safe  from  as- 
sault, or  the  slightest  suspicion  of  danger.  Criminals  abhor  the  city,  for  they 
know  that  detection  is  sure  here,  and  punishment  is  certain.  Tho  courts  are 
the  friends  of  the  poor  man,  and  the  injured  appeal  confidently  to  them  for 
redress.  I'ropcrty  is  safe,  and  from  afar  seeks  inve.';',  nent  here.  There  is  no 
city  of  its  size  in  the  itnion  where  there  are  ao  u.\v  burglaries,  where  the 
carelessness  of  house-keepers  betrays  them  into  so  few  losses,  where  incendia- 
ritsm  is  so  rare,  where  grave  crimes  so  si.viom  stain  the  calendar.  The  life  in- 
surance companies  have  long  ago  ceased  to  charge  extra  premiums  for  residence 
here;  the  risk  of  violent  deaths  is  less  tlian  in  any  other  city  of  its  size  in 
America.  Our  finances  are  in  a  wholesome  condition.  We  can  aflford  to  aid 
great  public  works.  Our  reputation  everywhere  is  good,  and  our  position  in 
tlie  society  of  cities  coveted  far  and  wide. 

"There  is  no  sophistry  in  the  argument;  no  one  denies  or  disputes  tho 
( auso  of  this  marvellous  transformation.  For  seven  ycai-s  we  were  governed 
liy  the  class  who  fancied  themselves  bom  to  rule  and  fatten  at  the  expense  of 
licmest,  working,  sober  men;  and  during  that  while  we  sufTi-red  all  that  a  city 
in  a  land  at  peace  can  suffer.  Then  for  seven  years  the  peopl  j  attended  to  their 
own  business,  governed  themselves,  managed  their  own  affairs.  For  seven 
years  we  wore  the  slaves  of  tho  politicians,  for  se\'en  more  the  politicians  liavu 
lii'ou  kept  out  of  power  and  underfoot.  Shall  we  return  to  the  old  order  of 
tilings,  or  preserve  the  state  and  the  good  name  which  M'ith  so  much  toil  wo 
have  won?    Next  Tuesday  wc  shall  have  tho  answer." 

Up  to  the  year  18G5  the  people's  reform  party  was 
very  popular.  The  public  pulse,  set  wildly  throbbing 
by  the  war  for  the  union  at  this  time,  had  readied  its 
most  feverish  point.  Hitherto  all  questions  of  poli- 
ties had  been  carefully  kept  out  of  the  reform  party. 

Pop.  Tkib.,  Voi,.  U.    12 


1-  ■?« 


II 


!i.:i!3 


■Ml 


658 


THE  FRUITS  OF  VIGILANCE. 


I:: 


Now  loyalty  to  the  federal  union,  a  question  vital  in 
itself  but  secondary  in  local  aifairs,  rose  paramount  in 
every  other  consideration,  and  the  rabid  demagogue • 
press  raved  over  the  subject.  An  ill-timed  and  un- 
fortunate resolution  passed  at  this  time  by  tlio 
peo[)le's  nominating  conunittce,  to  the  effect  that  no 
[)erson  who  had  not  voted  for  Lincoln  and  Johnson 
at  the  presidential  election  in  18G4  should  bo  nomi- 
nated as  candidate  for  any  office,  sealed  their  in- 
fluence. Before  this  time  there  were  many  good 
democrats  with  the  people.  But  the  party  was  iKnv 
split;  three  tickets  were  again  placed  in  tlio  field, 
and  although  the  fruits  of  that  reform  never  can  bt' 
wholly  obliterated,  yet  those  strong  bonds  of  purity 
which  kept  them  united  during  these  nine  years  never 
can  be  joined. 

But  what  had  become  of  the  opposition,  and  what 
were  they  doing  all  this  time !  During  the  time  local 
politics  ceased  to  be  a  trade  in  San  Francisco  some 
entered  the  arena  for  state  spoils,  which  were  still  tlic 
])rcy  of  good  democrats.  Some  left  the  country  foi- 
more  genial  political  airs.  A  few  adopted  honest  call- 
ings and  became  useful  citizens.  But  all  those  tliat 
remained  were  very  quiet,  very  circumspect.  As  ]\lr 
Manrow  remarks  of  them,  "The  law  and  order  fel- 
lows were  always  listening  for  the  tap  of  the  bell." 

This  was  almost  the  first  time  in  the  history  of  tlio 
state  where  the  people  of  San  Francisco  were  heartily 
sustained  in  a  popular  movement  by  the  country. 
-Milling  and  agricultural  districts  have  very  stupidly 
and  very  unjustly  looked  upon  the  growth  and  pros- 
perity of  the  city  with  more  or  less  jealousy.  "It  is 
our  gokl  and  our  labor  that  build  their  city  and  fattm 
them,"  they  said,  not  thinking  what  would  be  llie 
country  without  the  city,  without  a  market,  or  any 
place  lor  the  purchase  of  supplies,  not  thinking  1i> 
what  a  low  ebb  the  iutelliiicMice  of  a  countrv  sinlss, 
away  from  the  cultivating  and  [)rogressional  inilueiiees 


ille\- 

Shall 

<Iehnj( 

Xo. 

•■oui'se 

■•ill  ci\- 

and   til 

state." 


IX  THE  COUNTRY. 


053 


of  cities.  But  liavin<]f  so  lono;  felt  tlio  incubus  of  criuui 
and  misrule  in  their  own  midst,  and  realizing,  moic- 
ovcr,  the  epidemic  nature  of  political  and  social  cor- 
ruption, which  cannot  exist  in  one  part  of  the  state 
without  infecting"  every  part,  they  rose  almost  cii  ht(iss<^ 
from  San  Diej^^o  to  Siskiyou,  and  cried  the  vigilant.', 
on.  Military  companies  were  organized  and  driik-d 
in  almost  every  im])ortant  interior  town,  nnd  stood 
I'cady  to  rush  to  the  assistance  of  the  popular  mo\c- 
ment  in  San  Francisco  the  moment  the  ihst  uun  was 
tired.  On  an  eiijht  hours'  notice  five  tliousand  men 
assembled  at  Sonora  the  Gth  of  June,  to  give  expres- 
sion to  their  sentiments  in  relation  to  tlie  attem[>t 
made  by  the  governor  to  put  down  the  Vigilance 
Conuiiittee. 

Yet  there  were  not  lacking  men  of  law  elsewlu're 
than  in  San  Francisco.  A  conm\unication  to  the 
Los  Anijfeles  Stto'  of  the  9th  of  Au^-ust  1S50  1)c\vai]s 
tile  Viiiilance  Committee  of  San  Francisco,  "wlKt 
have  set  at  defiance  the  law,  disregarded  state  an>l 
federal  constitutions,  taken  bv  force  the  state  arms, 
\AiicvA  themselves  in  o[)en  relx'llion  to  the  governor, 
arrested  and  manacled  citizens,  deiiyin.g  them  tlie 
writ  of  habeas  corpus;  who  have  sent  their  emissa- 
ries into  other  counties,  seized  and  draij'Livd  to  theii' 
l>astile  their  fellow-citizens,  hanging  some  antl  ban- 
isiiiiiu"  others.  Havinu'  taken  steps  wjueh  they  could 
neitlier  continue  nor  retrace  without  infamy  and 
proljable  bloodslied,  liaving  brought  the  state  into 
disrepute  abroad,  and  made  life  and  property  inse- 
cure at  home,  wh;it  was  to  bi-  done.^  JUoody  iwc 
(hev  now,  and  butchei'-ljloodv  must  be  Iheir  I'uttnc 
.Shall  Los  Angeles  march  on  San  Francisco  and 
deluge  her  streets  with  tlie  ]>lood  oi"  her  citizens^ 
Xo.  Fellow-citizens,  to  me  it  ap[)eai's  ihe  only  niaidy 
course  for  us  to  ))ursue  is  to  se[)arale  oursilves  i'rom 
all  civil  and  political  connection  with  San  Fi'ancisco 
and  those  who  side  with  lu'r,  except  as  a  sej)arat(; 
state."     Alas,  poor  San  Francisco!     Le\el  now   thy 


1     !, 


P  i  1 


f  ] 


GGO 


THE  FRUITS  OF  VIGIL.VNCE. 


hills  and  fill  up  thy  valleys.  Hide  thy  face,  0  citizen! 
Bury  your  heads  ostrich -like  beneath  the  sand  for 
shame  and  fear,  O  Dempster  and  Coleman!  Los  An- 
geles shakes  her  skirts  of  you!  Forgotten  are  lur 
own  arbitrary  slaughterings,  her  jail-breakings,  and 
her  glorious  crime  cxtermin..tions,  outnumbering  i'lw 
to  one  those  of  San  Francisco;  forgotten  are  tlic 
sometime  bandit-decorated  trees  of  her  suburbs,  her 
own  honest  and  efficient  committees  who  bravely 
risked  their  lives  and  ])roperty  for  the  common  good. 
This  is  not  Los  Angeles  that  speaks,  but  some  un- 
fledged law-fanatic,  lately  arrived,  who  feels  that  he 
nuist  bray  or  burst. 

Judge  Hayes  expresses  the  opinion  that,  but  for  the 
feeling  on  the  part  of  the  civil  authorities  of  Los 
Angeles  while  McGowan  was  enjoying  his  otlum  emu 
(li'jiiltate  in  that  vicinity,  he  would  have  been  arrested 
and  sent  back  to  San  Francisco;  but  the  sheriff  of 
JjOs  Angeles  did  not  feel  inclined  to  arrest  a  refiiLTco 
fiom  justice,  one  who  had  been  indicted  by  the  grand 
jury  of  San  Francisco  County,  and  who  in  his  ojilnion 
should  be  dealt  with  only  by  the  courts,  and  send  him 
where  he  would  be  sure  to  go,  namely,  to  the  cham- 
bers of  the  Viuilancc  Committee.  Thus  we  see  at 
every  turn  that  by  officers  of  the  law  justice  is  madu 
secondary  to  form,  punishment  to  pique. 

They  did  not  believe,  they  said,  that  the  eltizci 
was  bound  in  conscience  to  aid  in  such  a  proceeding', 
but  vras  justified  in  refusing  to  carry  into  effect  tii>: 
order  even  of  the  authorities  when  the  certain  coil- 
sequence  M'ould  be  a  violation  of  the  laws  that  tre;;t 
the  execution  of  the  vilest  criminal,  without  legal 
authority  therefor,  as  itself  neither  more  nor  less 
than  murder.  So  they  would  break  the  law  them- 
selves to  prevent  the  people  of  San  Francisco  i'l-diii 
doinij  so. 

Great  credit  was  due  the  city  of  San  Francisco, 
in  the  face  of  such  sore  temptation,  for  this  triunqili 


W ATKINS  AND  WOOPBRIDOE, 


001 


of  order  over  anarchy.  So  easily  could  they  have 
settled  the  matter,  so  swiftly  could  they  have  sent 
after  the  assassin  that  justice  which  now  nuist 
move  so  slowly,  that  the  city  people  praised  them- 
selves for  their  moderation,  and  so  did  they  of  the 
interior. 

"  I  consider  these  uprisings  of  the  people  on  great 
emergencies,"  writes  ]Mr  Watkins,  who  has  thouglit 
much  upon  the  subject,  "  as  bordering  on  the  sublime. 
They  certainly  spring  from  a  most  hallowed  piinel})le, 
a  principle  deeply  implanted  in  the  bosom  of  every 
man  by  the  hand  of  God;  a  principle  which  begun 
with  time,  and  will  continue  in  all  time  to  come;  and 
we  shall  see  its  exhibition  whenever  an  fibused  ])e()}tle 
shall  be  compelled  to  take  upon  themselves  to  defend 
a  nation's  riijfhts  or  redress  a  nation's  wronijs.  ^Iv 
mhid  has  settled  down  under  the  firm  conviction  that 
these  uprisings  arc  as  necessary  for  the  purification  ( >f 
the  moral  and  political  atmosphere,  as  that  powerful 
and  mysterious  agent,  which  ccjllects  the  materials  of 
its  awful  batterv  from  the  dark  bosom  of  the  hoveiin''- 
tempest,  is  for  the  purification  of  the  atmosphere  we 
breathe;  and  you  might  as  well  attempt  to  dam  tin; 
Sacramento  with  a  leaf,  as  to  stay  their  progress  hy 
the  impotent  and  puciile  legislation  of  fledgliiig 
jwliticians.  The  action  of  the  Vigilance  Committee 
of  San  Francisco  grew  out  of  this  principle,  and 
M'as  remarkable  for  order,  coolness,  wisdom,  deter- 
mination, and  patriotic  sacrifices.  Their  complete 
justification  is  found  in  the  midnight  assassinations 
of  San  Francisco's  citizens,  which  Avent  unwliipjted 
of  justice;  in  the  mid-day  murtlers  of  her  peaeef'ul 
<itizons  cmjaucd  in  their  lawful  avocations;  in  the 
sacking,  plundering,  and  the  conflagrations  of  the 
fity;  in  the  corrupt  administration  of  the  law  \>y 
bad  men,  ptit  into  their  oflicial  positions  by  fraud 
and  violence;  and  in  the  destruction  of  the  ])eople"s 
will  by  the  desecration  of  the  ballot-box  l)y  cut- 
throats and  thieves,  felons,  and  escaped  convicts  of 


CC2 


THE  FRUITS  OF  VIGILANCE. 


other  lands.  The  Vigilance  Committee  has  tlio 
sympathy  of  the  great  body  of  the  people;  and 
that  sympathy  cannot  be  weakened  by  bloody 
laws  or  vindictive  speeches,  whether  made  in  tli»: 
name  of  the  democracy  or  in  the  name  of  thu 
devil." 


Would  you,  weep  the  fire  eaters,  would  you,  had 
you  known  the  sad  results — could  you  have  done  it? 
See  the  poor  but  honest  men  you  have  driven  intr) 
exile;  see  this  great  and  good  expounder  of  our  time- 
honored  laws  and  constitution  whom  you  have  incar- 
cerated; see  the  gubernatorial  pride  which  you  have 
1  )V(  >ught  low !  And  do  you  not  feel  the  halter's  noose 
tightening  hour  by  hour  round  your  own  necks? 

No  class  of  persons  was  more  greatly  benefited  l)v 
tlic  Vigilance  Committee  than  the  Chinese.  One  of 
tlic  most  approved  methods  of  low  ruffians  for  raisiiiu,- 
the  wind  was  to  maltreat  or  lev^y  black-mail  on  thi' 
Cliinesc.  As  a  testimonial  of  their  appreciation  of  the 
benefits  thus  conferred,  the  Chinese  merchants  et" 
San  Fi'ancisco  subscribed  one  thousand  dollars  to  the 
Vigilance  Ctmimittee  fun  \ 

"  I  personally  disapproved  of  the  Vigilance  Com- 
mittee/' says  the  Reverend  Doctor  Woodbridge,  in  a 
fVank  dictation  which  he  furnished  me,  "  believinu' 
tlie  people  would  feel  the  necessity  of  having  [)ropi  r 
officers,  and  would  take  legitimate  methods  to  place 
them  in  a  position  to  repress  vice;  but  my  present 
thought  is  that  I  erred  on  the  conservative  cxtronie."' 
Doctor  Woodbridge  preached  in  Doctor  Scott's  church 
the  Sunday  of  the  jail  capture;  there  were  few  nuu 
in  the  conijreijation. 

A  ribald  press  denounced  the  association  as  a  mei- 
<';uitile  junta,  which  was  far  from  true.  The  storms 
of  public  indignation  which  swept  the  land  in  l^tfil 
and  in  I80G,  with  their  thunderbolts  of  justice 
l)Ui'ifying  the  air  and  making  it  the  fit  breath  <it' 
virtue,  arose  with  the  people;  the  leaders  were  tlic 


A  SMLOR'S  SPEECH. 


cr.3 


last  to  move.  But  once  determined,  then  let  what 
was  to  be  done  be  dune  quickly.  Their  boast  was 
not  words,  but  the  accomplished  fact. 

As  a  San  Francisco  pilot  puts  it  to  an  incoming- 
Englishman:  "The  thing  became  too  hot,  so  we  de- 
termined to  put  it  down.  We  elected  Judge  Lynch. 
The  first  few  weeks  we  hanged  pretty  frequent;  then 
we  exiled  the  rest,  making  death  the  penalty  of  their 
I'eturning.  Then  we  handed  the  town  back  (|uite 
clean  to  the  law.  It  took  us  three  months  to  com- 
plete the  job,  and  it  has  been  quiet  ever  since." 


4M 


ill 


.iPi. 


m 


m 


i1 


CHAPTER  XXXIX. 


REFLECTIONS     AND     LESSONS. 


Could  any  but  a  noble,  prudent  cause 
Begin  such  motions,  and  assign  sucli  laws? 
If  the  great  mind  had  form'd  a  different  frame, 
Might  not  your  wanton  wit  the  system  blame? 

Blackmore. 

The  reader  should  now  have  a  pretty  clear  idea 
both  of  the  necessity,  if  any,  of  work  to  be  done  by 
the  Popular  Tribunal  on  this  Pacific  seaboard  and  the 
manner  in  which  such  work  was  accomplished.  He 
lias  seen  living  together  in  communities  men  of  all 
kinds,  the  good  and  the  bad,  the  pious  and  the  pro- 
lane,  the  educated  and  the  illiterate,  the  refined  and 
those  of  low  tastes,  but  all  of  more  than  average  in- 
telligence and  ability,  as  the  world  goes;  the  whole 
susceptible  of  division  into  two  unequal  parts,  those 
endeavoring  to  live  fairly  and  honestly  among  men,  and 
those  endeavoring  to  live  by  robbery,  upon  the  labor 
of  others.  He  has  seen  among  these  communities,  at 
various  times  and  places  and  under  conditions  sim- 
ilar and  dissimilar,  the  greatest  apparent  necessity  of 
arbitrary  action  by  some  agency  other  than  any  then 
legally  existing. 

He  has  seen  that  these  communities  were  in  every 
instance  either  without  a  legally  constituted  goverii- 
mcnt,  or  else  that  government  in  their  midst  was  so 
weak,  or  administered  by  officers  so  wicked,  as  to  bo 
in  a  measure  inoperative.  He  has  seen  how  out- 
raged justice  will  sooner  or  later  rise  and  put  down 
villainy,  according  to  law  if  possible,  if  not,  then  by 
means  contrary  to  law,  the  righteous  being  always 

(GGl) 


QUALITY  OF  rUXISIIMEXTS. 


m- 


li'- 


triumphant.  All  which,  probably,  has  been  sufficient 
to  enable  him  to  form  an  intelligent  opinion  as  to  the 
morale  of  the  matter,  and  as  to  the  right  of  men  so 
situated  so  to  act. 

It  would  be  not  unfitting  to  drop  the  curtain  here ; 
nevertheless,  in  taking  leave  of  the  subject  a  iew  re- 
flections force  themselves  on  our  notice,  and  certain 
lessons,  all  of  which,  however,  nmst  be  briefly  stated. 

The  material  composing  these  many  tribunals  wan 
varied.  They  who  thus  banded  were  not  all  men  ot 
honesty  and  integrity,  though  most  of  them  were; 
they  were  not  all  of  that  quality  or  calibre  wherein 
cool  reason  ever  holds  in  check  hot  passion,  l)ut  their 
actions  for  the  most  part  originated  in  a  sense  of 
duty,  the  duty  of  self-preservation  if  not  the  preserva- 
tion of  society,  and  their  judgments  were  formed  and 
executed  with  no  small  degree  of  discrimination  and 
fairness.  We  have  seen  many  cases  of  mobocracy  in 
the  mines,  where  hiccoughing  gold-diggers  adjudged 
their  fellow -creatures  to  death,  and  swung  them 
into  eternity  amidst  the  drunken  orgies  of  modern 
bacchanalia. 

These  popular  punishments  were  sometimes  no  less 
liorrible,  no  less  criminal,  than  the  crimes  themselves. 
Wretches  there  arc  in  this  world,  and  they  may  de- 
serve to  die,  and  their  lives  may  not  be  worth  a  rush ; 
nevertheless,  the  effect  upon  those  who,  in  the  intoxi- 
cation of  power,  dare  to  strangle  this  God-given 
l)rcath  and  hurl  to  hades  tliis  God-given  spirit,  is 
most  demoralizing,  most  brutalizing.  Often  it  hap- 
pened that  while  the  informal  trial  was  going  on, 
judge,  jury,  culprit,  and  mob  had  all  drunk  them- 
selves into  a  state  of  intoxication,  so  that  when  the 
fearful  self-imposed  responsibility  of  passing  judgment 
upon  the  life  of  a  fellow-being  and  conducting  him  to 
execution  came  up,  the  actors  in  the  scene  hardly 
knew  what  they  were  doing.  Gften  it  happened  that 
the  hanging  itself  was  so  bunglingly  done  as  to  be  but 


'twill 


\'\m 


iv,; 


6G0 


nEFLECTIONS  AND  LESSONS. 


cruciation,  tlio  crushing  of  life  out  of  a  Avrithing  body, 
liy  hauling  it  scvci-al  times  up  and  letting  it  down, 
midst  })i'ayer.s  and  shouts  and  hellish  hallelujahs. 
But  these  sickening  scenes,  which  were  a  horrible 
mockery  both  of  justice  and  humanity,  were  the  e\- 
ce])tion  and  not  the  rule;  and  bad  as  they  were,  the 
evils  thence  arising  were  light  as  compared  with  the 
evils  of  corrupt  courts  of  law.  Rather  let  us  refer  tii 
the  grand  tribunals  of  San  Francisco  for  whatever  of 
instruction  we  would  derive  from  these  abnormal  pro- 
ceedings. 

The  San  Francisco  Vigilance  Committee  of  1851, 
and  that  of  185G,  as  we  have  seen,  each  hanged  foiu' 
men  and  banished  about  thirty.  Each  rescued  two 
prisoners  from  the  county  jail  by  means  of  a  surprise 
party.  The  expatriated  of  1851  ,vcre  mostly  con- 
\icts  from  Sydney;  those  of  185G  \vcre  Irish,  and 
other  foreigners  of  low  origin.  Some  of  those  ordered 
hence  were  born  in  the  United  States;  others  were 
made  citizens  by  our  luckless  system  of  adoption. 

The  crimes  connnitted  by  the  victims  of  the  first 
tribunal  were  against  property  and  life,  wliile  tliose 
by  the  second  v.ere  strongly  tinctured  with  political 
imnujrality.  McDougall,  governor  in  1851,  bowe,l 
to  what  he  deemed  the  popular  will,  and  kept  faith  in 
his  promise  not  to  interfere  with  the  Committee  save 
in  a])pearance  only;  Johnson,  governor  in  185G,  after 
making  the  same  promise  broke  it,  *)pposed  the  Com- 
mittee to  the  utmost  of  his  power,  and  thereby  in- 
creased their  labor  and  prolonged  their  existence. 
The  reformation  of  1851  was  superficial  and  tem- 
porary; that  of  185G  radical  and  permanent.  The 
tribunal  of  185G,  in  the  character  of  its  members,  was 
well  represented  b}-  wealth,  intelligence,  and  industry. 
Brought  together  by  reason  neither  of  mental  uoi' 
physical  ability,  nor  of  social  or  |)olitical  standiii.:', 
nor  of  wealth  or  culture,  nor  of  literary  tastes,  re  li- 
gious  belief,  or  scientific  attainments,  but  by  the  seJc 


MEN  AND  MOXFA*. 


COT 


consideration  of  intoi^rity  and  zeal  in  the  work  pr<>- 
jtoscd,  there  was  ohviously  j^reat  variety  of  character 
in  the  men  composing  tlie  Committee,  and  wide  diver- 
f^'enco  of  opinion  on  all  topics  but  the  central  and 
absorbing?  idea.  Side  by  side  they  toiled,  tlie  ears  of 
the  relined  deaf  to  the  blas[)hemer's  imprecations,  and 
Ills  eyes  closed  to  the  frequent  and  inordinate  pota- 
tions of  the  rlram-drinker.  Biasses  of  I'eligion,  wcaltli, 
and  cultivation  were  swallowed  in  the  one  almighty 
tlioughtof  moral  regeneration,  (jn  the  broad  ground 
of  connnon  interest  they  met  to  battle  with  a  connnon 
enemy,  and  before  the  achievement  of  their  j)nrj)o.se 
Jill  lesser  sympathies  and  antipathies  were  laid  aside. 

The  largest  element  comprised  men  from  the  north- 
eastern part  of  tlu;  United  States;  next  those  from 
the  then  so  called  western  states,  with  some  from 
the  southern  states.  Of  foreiijjners  the  French  were 
largely  I'epresented,  after  them  Germans,  then  English, 
Irish,  an(l  Italians.  ]3ut  seldom  it  was  asked,  Where 
is  hu  from?  What  is  his  religion,  what  his  ])olitics, 
his  wealth?  The  (picstions  were  two:  Is  he  honest? 
What  can  he  do? 

Outside  of  the  Committee  were  many  who  symi)a- 
thized  with  and  contrlljuted  to  its  supjtort,  but  i'rom 
prudential  motives  never  joined.  Likewise,  there 
were  those  in  the  Conunittee  who  did  not  ri^jhtlv  be- 
long  there.  But  on  the  whole  it  was  a  wonderfully 
lirm  and  pure  company  for  one  of  so  large  and  pro- 
miscuous membership.  The  executive  conunittee  was 
an  intelligent,  manly  body,  composed,  with  few  excep- 
tions, of  good  men  but  not  all  remarkable  men;  many 
of  them  were  very  superior  men.  There  were  pres- 
ent tlie  usual  varieties  of  qualities,  positive  and  nega- 
tive, in  opinion  and  action,  but  they  were  mostly  men 
of  thought,  and  of  independent  thought.  There  was 
no  lack  of  probity,  patriotism,  and  practical  sagacity 
among  them. 

]\Ioney  was  freely  sjient.  Xeai-ly  all  carried  into 
the  cause  unswerving  tidelitv,  which  was  their  strength. 


m 


:i.V 


%i' 


i   f « 


608 


TtEFLECTIONS  AND  LESSONS. 


The  vocations  of  merchant  and  master-mechanic  were 
those  most  largely  represented  in  the  Executive. 

We  have  seen  that  tlie  mob -law  of  the  miner,  a})- 
pealing  as  it  does  to  brutalizing  passions,  and  executed 
often  under  the  influence  of  momentary  excitement 
and  strong  drink,  is  a  very  different  afl'air  from  organ- 
ized vigilance,  dispassionately,  conscientiously,  prayer- 
fully if  you  will,  and  unselfishly  watching  the  welfare 
of  the  commonwealth,  using  force  only  when  all  other 
means  fail,  r -ing  its  power  with  moderation,  tempering 
justice  with  mercy,  and  gladly  relinquishing  its  (Hs- 
tasteful  duties  the  moment  it  can  do  so  with  safety. 
We  have  seen  that  the  San  Francisco  Connnittee  of 
Vigilance  condemned  and  executed  dispassionatuly, 
and  on  no  less  evidence  than  would  have  convicted  in 
any  well  conducted  court  of  justice. 

But  the  spirit  of  mobocracy,  even,  does  not  appear 
without  a  cause.  It  may  be  that  truth  and  justie-e 
are  on  the  side  of  the  rabble,  or  it  may  be  that  passion- 
ate ignorance  alone  governs  them.  In  mobs  there  is 
method,  as  in  other  forms  of  popular  madness. 

And  now  that  the  farthest  west  is  reached  by  ci^■il- 
ization  and  good  government,  some  may  ask,  wliat  arc; 
the  stranglers  going  to  do  about  it?  Will  they  find 
some  otlier  excuse  for  the  display  of  their  pride  and 
l)ower?  Must  we  always  tremble  lest  this  spirit  of 
viijfilance,  like  a  bird  of  evil  omen,  shall  forever 
overshadow  us?  Not  so.  There  will  be  popular 
tribunals  as  long  as  evolution  lasts.  We  are  never 
going  back  to  king-worship  or  law- worship.  But  just 
sucli  displays  as  California  has  given  us  the  world  will 
nev(3r  again  see,  because  the  engendering  conditions 
will  never  ajjain  be  the  same.  Human  nature  mav 
repeat  itself,  but  history  never.  Never  again  shall 
this  world  see  feudalism  in  its  ancient  form,  or  the 
fanatical  extravaganza  of  the  crusades,  or  chivalrv, 
or  religious  wars  like  those  of  old,  or  inquisitions,  or 
reformations,  or  discovery,  or  vigilance  committees 


THE  END  APPROACHINC}. 


Gca 


liko  tliosc  that  appeared  in  the  early  days  of  Call- 
loriiia.  The  laws  that  <jfovern  society,  like  the  laws 
that  jjfovern  }^eolo<]fy  and  astronomy,  are  absolute  in 
their  o[)eration,  yet  the  processes  of  world-niakin<jf  and 
world -niovinj^  not  more  surely  than  history  iv])eat 
themselves.  History  should  be  written  recoijjni/inj^ 
a  priori  the  fact  that  in  human  societies,  as  in  l»hy- 
sical  j)lionomena,  for  every  activity  there  is  an  ai^'ent, 
for  (ivery  event  a  cause;  and  that  in  all  abnormal 
disj)la3's  of  social  effervescence,  like  that  t)f  \vhi<'h 
these  volumes  treat,  the  nearer  we  can  arrive  at  causes 
the  more  profitable  our  studies. 

In  no  other  community  in  the  world  could  have 
happened  a  succession  of  such  convulsions  endini^  so 
triumphantly  for  peace  and  good  morals;  in  no  other 
country  in  the  world  could  there  have  arisen  a  series  of 
sucli  startling  anomalies  inwliose  subsidence  might  be 
found  only  the  purest  and  best  effects,  such  originality 
of  conception  united  with  boldness  of  action,  an<l  tem- 
})ered  with  coolness,  temperance,  and  principle.  Theirs 
was  the  courage  to  take  up  authority,  and  the  courage 
to  lay  it  down.  A  community  of  Englishmen  never 
would  have  moved;  a  conmiunity  of  Frenchmen  never 
Avould  have  ceased  movlncf  shoi-t  of  the  ndf  of  de- 
struction.  These  vigilants  were  law-respecting  men, 
in  defiance  of  law  combined  to  execute  the  laws. 
Good  enough  laws  had  been  subverted  by  lawless 
men,  with  a  whirl  of  passion  and  excitement  tliat 
threatened  anarchy  and  ultimate  ruin.  And  these 
self-acting  prosecutions  and  executions  of  the  popular 
ti'ibunal  exhibited  in  tlamincj  colors  the  workinirs  of  a 
civilized  society  without  institutions  and  without 
l)reccdents.  Five  years  after  the  state  had  been 
nominally  under  the  dominion  of  law,  with  annual 
sessions  of  a  legislature  convened  for  the  pur[)ose  of 
supj)lying  a  systematic  jurisprudence  complete  in 
theory  and  efficient  in  practice,  crime  still  liung  like 
a  hideous  phantom  over  the  cities,  and  over  the  Sierra 
foot-hills,  sprinkling  even  the  flower-wreathed  valleys 


■m 


G70 


REFLECTIONS  AXD  LESSONS. 


witli  l)loo(l.  God  f^rant  deliverance  from  such  scciKr^; 
ovennore.  And  shame  eternal  would  ever  have  rested 
on  the  memory  of  early  Californians  had  they  not 
strangled  the  monster  as  they  did. 

I'^or  some  few  centuries  yet  the  iron-bound  dogma- 
tism of  ancient  societies  will  continue  to  condemn  the 
action  and  principles  of  popular  tribunals.  ^laiiy 
members  of  such  societies  will  fail  to  see  in  unlawful 
demonstrations  any  good,  any  necessity.  They  will 
continue  not  only  to  stigmatize  every  government  un- 
der whicli  such  things  can  be,  but  to  reprobate  the  \)Qi>- 
plc  suffering  them.  They  will  see  in  the  doctrine  of 
the  governed  assuming  instant  and  arbitrary  control 
of  tlie  government  nothing  but  that  which  is  subver- 
sive of  order  and  political  integrity.  They  will  continue 
to  I'iill  such  right  only  the  right  of  might,  failini;- 
meanwhile  to  question  if  their  own  moral  and  legal 
codes  rest  on  any  other  foundation.  They  will  con- 
tinue to  see  no  difference  between  a  mob  and  a  com- 
mittee of  vigilance,  between  a  turbulent,  disorderly 
rabble,  hot  with  passion,  breaking  the  law  for  \\\c 
purposes,  and  a  convention  of  virtuous,  intelligent, 
and  responsible  citizens  with  coolness  and  delibera- 
tion arresting  momentarily  the  operations  of  law  for 
the  salvation  of  society.  They  will  continue  to  see 
no  diiference  between  an  old-W'orld  riot  aimed  at 
tyranny  or  injustice  and  a  new-world  uprising  for  the 
vindication  of  the  existing  government. 

But  the  time  v.ill  come  when  intelligent  men  cvery- 
wliere  will  aclaiowlcdgc  the  superiority  of  this  jirin- 
ciple.  AVhen  laws  intended  to  regulate  intemperance, 
ganil)ling,  prostitution,  and  polygan  y  are  all  anniille/i, 
and  the  moral  ideal  shall  have  attai  ed  a  higher  plane, 
it  will  then  be  seen  that  that  g  ernment  is  most 
stable  which  is  ibunded  on  rectii  le  and  indepen- 
dence, which  relies  for  its  support  ^n  the  will  of  a 
vii'tue-loving  people,  and  not  on  tn  ition  or  inexor- 
able law.     It  will  then  be   seen,  n  >re  clearly  than 


SIGNIFICANCE  OF  LAW. 


071 


now,  that  all  power  vests  in  the  people,  wlietlier  tliey 
choose  to  use  it  or  to  reiiiaiii  hound  Ijy  super'^titi(nis 
veneration  of  shadow,  that  even  after  law  is  made 
and  execution  provided,  the  executive  lias  no  power 
except  such  as  is  daily  and  hourly  continued  t<j  him 
by  the  people. 

Slowly  human  nature  and  social  habits  adapt  them- 
selves to  wholesome  laws,  until  the  laws  are  no  longer 
necessary,  and  men  do  rij;^iit  from  pure  love  of  it. 
The  child's  walking-chair,  without  the  aid  of  wJiich  it 
could  not  stand  alone,  becomes  an  impediment  to  its 
])rogress  when  no  longer  needed.  Social  instltutioiin 
in  their  structure  and  functions  sliould  be  not  only 
such  as  keep  men  right,  but  such  as  make  them  de- 
sire of  their  own  free-will  to  do  right.  That  vice 
should  bo  restrained  and  the  vicious  punished  muy  be 
readily  admitted  without  setting  np  law  as  an  idol, 
and  its  ministers  as  the  high-priests  of  our  p/iity. 

Rude  and  reckless  men  require  rigid,  despotic  rule; 
barbarous  ofteiiders  must  be  restrained  by  barbai-ous 
codes;  a  factious,  cruel  element  in  a  society  can  be 
kept  under  subjection,  or  in  such  order  as  will  enable 
society  to  exist  at  all,  only  by  harsh,  or  at  least  de- 
termined means;  whereas  a  settled  community  of  in- 
telligent, orderly  people  may  throw  oft'  the  chains  of 
despotism,  unite  charity  with  chastisement,  make 
milder  the  laws  for  offenders  while  making  stronger 
the  prison  for  felons,  and  so  relax  into  tlie  enjoy- 
ment of  the  largest  liberty.  Man,  the  most  help- 
less of  animals,  is  not  fitted  to  live  alone  in  a  state 
of  nature.  Individuals  must  unite  for  mutual  pro- 
tection; and  being  free-vril!  animals,  in  order  that 
their  wills  may  not  clash  to  the  destruction  of  each 
other,  a  compact  is  entered  into  between  the  part:-? 
and  the  whole.  Individuals  shall  yield  certain  of 
their  will  and  freedom  to  society  as  a  whole,  and  so- 
ciety in  return  shall  protect  the  individual  in  certain 
essentials.  Now  government  and  legislation  to  be 
effective   must  be  based  upon  the  theory  of  social 


ill 


■ 


G72 


REFLECTIONS  AND  LESSONS. 


r 


sequences,  on  the  recognition  of  natural  causations  in 
the  actions  of  men. 

Amidst  the  intricate  forms  of  social  life,  proper 
sense  and  proper  instincts  are  not  safe  guides.  That 
wo  may  be  endurable  to  our  counterfeit  neighbor  we 
must  ourselves  become  counterfeit.  Our  dress  must 
cover  faults  and  shame;  our  speech  must  be  set 
phrases  hiding  half  the  truth;  our  manners  must 
accord  with  set  forms,  and  we  must  conceal  our  real 
selves  under  convenance  and  colors.  This  public 
prudery,  contemptible  as  we  may  justly  regard  it,  is 
an  advance  on  public  shamelessness.  The  secret  sin 
that  each  heart  hugs,  fearful  only  lest  it  should  show 
itself,  is  better  so  than  shameless  sin. 

In  the  infancy  of  nations  men  believed  that  the 
rule  of  conduct  imposed  by  '  ae  gods  entered  into  all 
tlic  affairs  of  life,  so  that  not  only  were  political  and 
ecclesiastical  rules  ordained  of  heaven,  but  social  and 
domestic  matters  likewise.  Sumptuary  laws  regulating 
food  and  dress  were  no  less  a  necessity,  no  less  a  di- 
vinity, than  church  or  state  ordinances. 

All  tliis  while  the  intellect  seems  scarcely  to  feci 
its  iron  fetters,  seems  scarcely  to  be  aware  of  their 
existence.  Yet  mankind  arc  no  less  bound ;  the  savage 
roaming  the  forest  at  will  is  bound;  we  of  to-day  with 
all  our  boasted  liberties  are  bound.  Civilization  is 
only  a  progress  from  a  state  of  unconsciousness  of 
an}'^  law  to  a  recognition  of  law  everywhere. 

Man  when  living  in  a  state  of  nature  must  satisfy 
himself  with  the  law  of  natrre;  but  immediately  ho 
begins  to  assert  dominion  over  nature,  he  must  like- 
wise assert  dominion  over  himself  Yet  artificial  laws, 
laws  of  society,  of  mind,  of  morality,  are  not  conven- 
tionally made,  they  are  discovered  by  the  observation 
of  agencies  at  work.  Science,  progress,  and  societies 
act,  though  man  should  never  know  of  it.  Before 
precept  is  practice;  before  conventional  law,  morality. 
The  organs  of  the  body  performed  their  functions 
long  before  their  existence  was  known;  so  in  social 


SELF-PROTECTION. 


C73 


and  political  affairs,  principles  are  practised  and  men 
brought  under  subjection  to  laws  long  before  they  are 
a\varc  that  any  such  laws  or  principles  exist.  Servi- 
tude seems  to  be  the  normal  condition  of  man.  Lib- 
erty is  but  a  form  of  self-servitude.  Without 
individual  subordination  there  can  be  no  social  or- 
iXanization  or  cohesion.  Justice  consists  not  neces- 
sarily  in  obedience  to  the  laws  of  man,  for  this  would 
make  the  legislator  the  creator  of  right  and  wrong; 
l)ut,  as  recognized  by  Socrates,  in  force  throughout 
all  ages  are  unwritten  laws,  disobedience  of  which 
brings  its  own  punishment.  Look  at  man  1  What  is 
he?  A  beast,  yet  more  than  beast;  skeleton  and 
skull,  yet  filled  with  ethereal  life,  spirit  divine,  thought 
mysterious  1  Within  the  narrow  compass  of  his  brain 
the  universe  lies  visionod;  memory  holds  the  vast  ex- 
perience of  the  past,  and  hope  dreams  bright. 

It  is  natural  for  members  of  staid  communities  to 
view  with  suspicion  the  social  outbursts  of  border 
settlements,  and  to  condemn  the  profane  handling  of 
what  they  have  been  taught  to  regard  as  sacred.  Jiut 
as  is  often  the  case  in  criticism,  these  censors  of  ours 
do  not  know  what  it  is  they  condemn.  Because  b(^r- 
dev  societies  rise  in  self-protection  against  crime  with 
\\hich  the  law  cannot  grapple,  they  are  denounced  as 
i'actious,  turbulent,  and  blood-thirst3\  They  seem  to 
imagine  that  men  who  live  in  tents  or  huts  have  stone 
prisons  in  which  to  lodge  their  criminnls;  that  [irairie- 
jiloughers,  forest-clearcrs,  trappers,  gold-hunters,  and 
I  he  dwellers  in  towns  of  mushrooi,»  growth,  situated 
beyond  the  border-line  of  civilization,  ibund  sitting  in 
the  wilderness  awaiting  them  sheriffs,  judges,  jails, 
jioiiitentiarics,  industrial  schools,  and  all  the  parapher- 
nalia for  catching,  trying,  and  hanging  criminals. 
Tliey  do  not  understand  that  the  govermnent  under 
which  these  earlv  societies  hold  their  lands  and  n(»m- 
mally  live  fails  to  throw  its  protection  over  them,  fails 
to  meet  the  necessities  of  government,  and  leaves  them, 
to  protect  themselves  or  to  die. 

I'op.  TniB .  Vol.  II.    « 


I  M' 

i 

i  1*1' 

'  1^ 

Am 

»   f'  ■ 

ii 

1 

BH 

I'    ^ 


C74 


REFLECTIONS  AND  LESSONS. 


In  many  instances  these  settlements  are  obliged  to 
await  tlieir  natural  growth  like  an  evolution.  Tliu 
genesis  of  their  government  is  like  the  genesis  of  gov- 
ernment from  a  state  of  savagism.  First,  wanderin'>' 
families;  then  an  aggregation  of  families;  following 
v/hicli  comes  chieftainship,  every  man,  meanwhile, 
looking  out  for  himself,  every  family  guarding  its  ov.'u 
interc^sts.  every  settlement,  at  all  times,  ready  to  de- 
fend itself  against  the  encroachments  of  crime.  And 
yet  these  wise  commentators,  who,  securely  resting  in 
their  well  guarded  homes,  attempt  to  establish  prin- 
ciples of  government  by  empirical  surveys  of  society, 
ignoring  the  individual  characters  composing  the  body 
social,  would  have  this  plain,  rough  border-man,  with 
the  tiger  at  his  throat,  await  due  process  of  law  be- 
fore crushing  the  beast.  Thus,  forsooth,  they  may 
escape  the  name  border-ruffian,  banditti,  lynchers,  and 
the  like.  Let  him  who  would  lay  down  a  priori  pub- 
lic polities  begin  with  man,  honest  man  if  he  will,  as 
the  concrete  principle  of  all  government;  examine 
well  his  condition,  his  necessities,  then  praise  or  blame 
him  as  he  fails  to  embrace  opportunity  and  achieve 
happiness  for  himself  and  those  around  him. 

]\[ost  men  are  honest;  the  majority  of  mankind  an? 
trustworthy;  as  society  is  constituted  men  are  obliged 
to  trust  one  another.  They  are  comparatively  few 
for  whom  this  huge  and  cumbersome  machinery  of 
government  is  kept  in  motion.  Crime  and  injustiee 
are  the  heaviest  of  all  burdens,  and  in  a  new  com- 
munity their  weiijht  is  often  crushing.  Before  the 
criminal  brings  destruction  upon  himself  every  good 
man  is  taxed  for  his  support,  taxed  for  shcrift'  and 
jailer,  for  judge  and  hangman,  to  catch,  confine,  try, 
and  execute  him.  Because  of  the  existence  of  the  -e 
few  rogues,  we  must  all  live  in  fear  of  one  anothei-, 
support  legislatures  and  courts  of  law,  so  as  to  prevent 
our  stealing  from  and  killing  each  other.  We  wlie 
have  no  desire  to  steal  and  kill,  as  well  as  they  wlie 
have,  must  be  watched,  and  by  those  whom  we  our- 


:'m 


UNLAWFUL  LAW. 


075 


selves  employ;  and  so  the  whole  world  is  kept  in  com- 
motion, all  on  account  of  the  sprinkler  of  vi 'lainy  in  it. 
The  inability  of  civilized  man  to  live  without  govern- 
ment costs  him  dearly.  Unlike  the  savage  and  wild 
beast  he  may  not  spend  his  whole  time  in  procuring 
food  and  basking  in  the  sun,  but  a  large  number  of  his 
days  must  be  taken  from  his  producing,  manufactur- 
ing, and  commercial  interests,  to  lac  bestowed  upon  the 
reijulating  forces  of  societv,  until  government  attains 
a  conspicuousness  greater  than  that  of  all  industries 
combined.  It  is  by  evil-doers  that  lawyers  live,  that 
judges  w'ax  fat,  and  that  officials,  politicians,  and 
armies  suck  substance  from  the  land. 

It  is  true  that  one  wrong  does  not  justify  another 
wrong.  But  suppose  we  say  that  vigilance  in  the 
abstract  is  an  unrighteous  and  immoral  principle, 
which  I  by  no  means  admit,  w\as  there  not  fur  our 
great  popular  tribunal  some  excuse,  there  being  in 
reality  no  complete  legal  government?  It  is  true 
that  some  of  the  officials  were  properly  elected;  many 
of  them  were  not.  Take  the  San  Francisco  sheriff 
of  185G.  Which  was  the  more  unlawful  act — for  the 
Committee,  with  the  sanction  of  nine  tenths  of  the 
citizens,  to  hang  Casey  uidawfully;  or  for  Scannell, 
who  as  was  charged  oljtained  his  office  by  fraud,  and 
was  therefore  no  legal  officer  at  all,  to  hang  Graham 
under  color  of  law,  which  he  did  a  few  days  after- 
ward? Was  not  Graham  murdered?  Were  not  the 
sheriff  and  his  posse  a  mob? 

Numerous  other  points  might  be  brought  up,  show- 
ing how  exceedingly  weak  was  the  law  and  order 
mind,  to  which  the  most  simple  and  palpable  absurd- 
ities never  appeared. 

I  fully  admit  the  risks  attending  a  single  act  of  dis- 
obedience, and  that  through  the  gap  made  by  one 
lueacli  of  the  law,  many  trespasses  creep  in.  I  freely 
acknowledge  the  wrong  of  doing  evil  that  good  may 
come,  but  I  deny  that  the  exercise  of  sober  vigilance 
is  disobedience,  or  broken  law,  or  wrong.     Whom  do 


km 


C70 


REFLECTIONS  AND  LESSONS. 


these  law-makers   disobey  Avhen  they  outstrip  lame 
kiw  in  their  chase  of  offenders  ? 

Sonic  act  as  though  men's  laws  built  cities  and 
made  the  corn  to  grow.  The  wise  know  that  they  do 
not;  they  know  that  of  all  stupidities  stupid  legislation 
is  the  stupidest,  and  that  no  human  concoction  is  so 
wcak,incpt,and  watery  as  unwise  or  useless  law-making. 
Nature  is  despotic.  Exceedingly  jealous  is  she  of 
her  authority.  Man  may  have  dominion  over  certain 
of  her  minor  products,  but  let  him  once  enact  laws 
and  set  up  the  show  of  sovereignty,  and  very  quickly 
ho  is  given  a  lesson  in  obedience.  Man  is  not  mastov 
on  this  planet.  No  matter  how  free  he  may  think 
himself,  nature  has  her  clutch  upon  him.  Ho  may 
frame  laws  for  his  own  guidance,  but  long  before  lie 
could  spell,  nature  had  written  in  her  book  all  the  laws 
for  his  conduct.  These  laws  are  inexorable,  change- 
less, eternal.  If  it  please  the  people  they  may  make 
memoranda  for  the  regulation  of  to-da3'"'s  affairs,  an  1 
to-morrow  tear  them  up  and  make  more,  but  all  such 
must  be  done  in  subordination  to  the  higher  and 
deeper  and  broader  laws  of  nature. 

And  as  artificial  laws  are  powerless  beside  natural 
laws,  so,  as  wo  have  seen,  are  statutory  laws  inopera- 
tive when  they  conflict  with  fashion  or  social  laws. 
Hence  it  is  that  the  nearer  our  institutions  conform  to 
natural  law,  the  more  practical  and  permanent  tiny 
are.  Enactments  of  legislatures  for  the  restriction  oi- 
protection  of  commerce,  such  as  tariffs  and  usury  laws, 
as  well  as  enactments  for  the  restriction  of  freedom  of 
will  and  personal  liberty,  such  as  gambling  laws,  total 
abstinence  laws,  and  laws  for  the  extermination  of 
inexterminablc  appetites,  however  they  may  bridge  an 
emergency,  arc  always  in  the  end  productive  of  evil. 
"Law,  law,  law!"  the  people  cry.  One  wants  a  law  to 
prevent  illicit  relations  between  the  sexes;  a  weazin- 
faced  water-drinker  wants  a  law  prohibiting  otlur 
people  from  drinking  anything  but  water,  as  thougli 
laws  made  by  the  people  embodied  some  subtile  power 


GOVERXMENTS. 


C77 


other  than  that  inlicront  in  the  people.  The  riglits  of 
intellect,  of  individuality,  of  the  moral  nature — the 
right  of  man  to  pursue  the  tenor  of  his  own  way,  to 
improve  or  debase  himself  as  he  pleases,  I  hold  to  ho 
tlic  only  true  groundwork  of  progress.  This  alone  is 
liberty- -freedom  of  thought,  freedom  of  opinion,  free- 
dom of  action ;  on  such  a  basis  alone  can  there  be  true 
conduct  in  life*  It  is  the  special  province  of  law  to 
regulate  the  acts  of  men,  of  morality  to  govern  their 
thoughts  and  feelings. 

In  a  rejoubhcan  government  laws  are  merely  a  com- 
pact entered  into  by  a  majority  of  the  people  for  the 
ijjovernance  of  the  whole.  This  agreement  is  to  last 
until  circumstances  render  it  necessary  for  certain 
forms  or  parts  of  the  system  to  be  changed.  In  order 
to  avoid  confusion  in  altering  these  prescribed  regula- 
tions of  society,  the  original  compact  or  constitution 
should  contain  a  provision  designating  the  manner  in 
which  changes  should  be  made.  Thus  it  is  clearly 
evident  that  a  republican  government  is  nothing  more 
than  a  copartnersliip  which  may  be  altered  or  annulled 
at  any  time  by  a  majority  of  the  respective  parties  to 
it.  Although  I  am  by  no  means  a  secessionist  in  the 
Americanized  meaning  of  the  term,  although  heartily 
in  favor  of  the  abolition  of  slaverv,  and  of  sustannng 
tlie  union  of  these  United  States  by  force  of  arms  if 
necessary,  on  the  ijround  that  the  federal  alliance  was 
made  for  life,  and  not  subject  to  divorce,  yet  there 
are  undoubtedly  circumstances  in  which  a  state  may  l)e 
]ilaced  where  it  will  have  the  right  to  secede,  where 
it  will  secede,  whether  it  has  the  rig] it  or  not,  if  it 
tan. 

Nations,  like  individuals,  are  l*orn  and  die;  have 
tlieir  stages  of  childhood,  maturity,  and  old  ago;  liavo 
their  minor  disorders  and  chronic  complaints  incident 
to  tlieir  growth  and  decay.  And  though  like  plants 
and  everything  of  earth,  throughout  all  this  coming  and 
going  the  race  improves;  and  though  by  the  accumu- 


?. 


"  i 


'.  a 


m 

frill 


m 

I  r 


i;  1 


-n 


078 


REFLECTIONS  AXD  LESSONS. 


lation  of  experiences,  the  subordination  of  matter  to 
mind  is  constantly  incroasiuj,',  yet  wo  appear  to  be  no 
further  from  death,  nor  are  we  able  to  exercise  any 
more  power  over  ultimate  decay  now  than  in  'he  days 
of  Adam. 

True,  wo  think  it  imposj-^ible  that  our  institutions 
should  ever  fail,  that  our  country  should  ever  fade, 
just  as  all  men  think  all  men  mortal  l^ut  themselves. 
Yet  the  time  will  surely  come  when  old  England  shail 
be  tucked  away  among  the  tombs,  and  young  Amer- 
ica shall  become  first  old  England  and  then  dead 
Rome. 

The  lesson  of  self-help  so  early  learned  by  the 
people  of  California  fixed  in  their  minds  the  sentiment 
of  supremacy.  They  were  freemen  in  the  broadest 
sense.  Their  rights  they  might  delegate,  but  ne\ei' 
barter;  and  if  at  any  time  the  officer  of  the  public 
should  prove  unworthy  of  his  trust,  they  wIkj  had 
clotlied  him  in  power  might  stri[)  him  of  it.  The  ser- 
vant of  the  people  whose  deeds  reflect  not  the  will 
of  the  people,  is  already  void  of  power,  and  officer 
only  in  name;  a  spring  ballot-box  and  fraudulent  le- 
turns  may  lift  him  to  his  seat,  but  they  cannot  niaki.' 
him  ruler.  There  is  no  "earthly  or  human  source  of 
power  other  than  that  which  emanates  from  tlie 
people;  no  other  divine  right  to  rule  than  the  divine 
light  of  self-government  properly  delegated.  All 
(|Uestions  of  legal  (jr  popular  right  are  relative,  and 
not  absolute.  Different  conditions  of  human  society 
call  for  different  institutions,  and  will  and  should  luu »; 
them.  Like  water  seeking  its  level,  government  ever 
seeks  to  fall  into  the  hands  of  tlio  strongest  powtr. 
This  power  is  not  made  by  the  laws,  but  tlie  laws  are 
made  by  the  power.  To  do  away  with  change,  and 
live  forever  under  fixed  conditions,  you  must  first  il  • 
away  with  human  progress,  for  progress  is  change', 
and  without  the  power  of  change  there  can  be  no  im- 
provement. 

The  object  of  every  just  government  is  to  protect  the 


POLITIC^iL  ETHICS. 


079 


^ood,  and  to  punish  crime;  if  criminals  fraudulently 
seize  the  reins  of  government,  must  good  citizens,  out 
of  respect  to  law,  stand  silently  by  and  see  themselves 
disgraced  and  their  country  ruined?  Thus  was  the 
right  to  revolutionize  early  and  thoroughly  recognized. 
A  moral  revolution,  tempered  with  strict  justice  to 
every  individual,  was  preferable  to  civil  war,  but  either 
was  better  than  the  enslavement  of  virtue  to  vice. 

The  term  law  implies  a  line  of  action  prescribed  by 
some  superior  person  or  power,  and  laid  i\\Km  an  in- 
ferior. No  human  power  is  superior  to  that  of  the 
fi'ce  citizen  of  an  independent  state,  except  it  be  all 
the  citizens  of  a  free  state  acting  to<xether.  Laws 
should  be  so  made  and  enforced  as  not  onlv  to  fulfil 
their  ])urpose  m  the  preservation  of  social  order,  but 
both  their  form  and  functions  should  be  of  such  a 
nature  as  that  the  unit  of  the  society  should  of  his 
own  accord  live  up  to  their  requirements. 

It  is  the  duty  of  a  governn»ent  to  enforce  the  right 
and  restrain  the  wrong;  and  when  the  sovereign  power 
fails  in  this  it  is  no  sovereign  pov.-ei ,  but  is  subordi- 
nate to  the  power  which  overrides  it;  and  conse- 
quently it  is  not  the  government.  The  hand  which 
guides  the  machinery  is  not  the  })ower  that  moves  it. 
The  strength  of  a  government  is  not  in  pro[>ortion  to 
tlie  mnnber  of  its  laws.  The  real  power  lies  in  the 
hidden  forces  behind  law,  and  not  in  visible  proximate 
forms.  Political  machinery  without  the  vitalizini*; 
power  of  an  intelligent  i)e()i)lo  is  like  a  steam-engine 
without  steam.  Laws  and  government  are  but  the 
machinery  of  society  for  carrying  out  this  contract, 
and  judges  and  rulers  are  but  the  engineers  to  tend 
the  machinery. 

Government  is  but  the  representation  of  the  united 
will  and  supremo  ])ower  of  the  people;  individual  will 
and  power  being  merged  into  the  combined  whole.  A 
law  to  be  binding  must  be  self-imposed  and  autono- 
mous. As  one  man  is  not  responsible  to  another  man 
for  opinions  and  actions  aftecting  only  himself,  so  one 


r  ► 


M 


I     . 


rVi 


•I 

i!  'I 


GSO 


REFLECTIONS  AND  LESSONS. 


government  cannot  bo  held  rosponsiblo  to  another 
fjfovenunent  for  its  internal  regulations.  It  is  no  less 
the  tluty  of  government  to  protect  individual  will 
from  tlio  wrongful  control  of  other  wills  than  it  is  to 
suljservo  all  wills  to  its  own.  As  government  claims 
the  right  of  inquiry  into  the  relations  of  citizens,  so 
citizens  may  claim  the  right  of  changing,  remodelling, 
overturning,  and  revolutionizing  government.  If  tlu-y 
have  the  power,  it  is  their  prerogative  and  divine  right 
to  use  it  as  they  please.  It  is  thus  that  God  aiid 
nature  display  power.  Man  has  no  political  or  in- 
dividual master  on  earth.  The  primary  functions  of 
government  and  law  consist  in  expressing  and  exe- 
cuting the  sovereign  will  of  the  people.  Laws  arc 
not  self-creative  nor  self-acting;  they  arc  made  by 
human  agency,  and  by  human  agency  may  be  con- 
trolled and  changed.  Are  men  made  for  laws,  or  are 
laws  made  for  men,  that  they  should  not  dare  to  rise 
above  the  work  of  their  own  creation  when  it  fails  to 
fulfil  its  purpose?  Here  w^as  a  blow  struck  purely  in 
.self-defence.  It  was  a  battle  between  the  good  and 
the  bad,  fought  on  a  new  line,  without  ring-rules  or 
umpire. 

I  have  said  elsewhere  that  the  morale  of  the  matter 
turns  on  the  right  of  revolution.  Yet  the  question  as 
to  the  right  of  a  people  to  revolutionize,  the  right  of 
IJritish  .subjects  to  demand  the  magna  cliarta,  the 
right  of  the  American  states  to  declare  independence 
was  scarcely  ever  brought  forward  in  connection  witli 
popular  tribunals  on  the  Pacific  coast.  There  was 
liere  no  war  on  existing  laws  or  gov^ernment.  The 
law-makers,  the  guardians  of  public  morals,  that  is  to 
say  the  sovereign  people,  through  their  own  culpable 
neglect  it  may  be,  saw  good  laws  put  to  bad  purposes, 
saw  vicious  judges  warp  law  in  the  construction,  the 
ends  of  justice  perverted,  and  criminals  escape  by  hun- 
dreds. If  a  majority  of  citizens  have  the  right  to 
rebel  against  unjust  laws,  to  rise  up  and  overthrov,' 
an  unjust  government — and  this  right  will  hardly  be 


THE  RIGHT  OF  REVOLUTION. 


681 


flenied  by  any  progressive  people  of  to-day — surely 
thoy  have  the  right  to  demand  that  their  own  law:^ 
shall  be  faithfully  executed  by  their  chosen  instru- 
ments. The  men  in  office,  however,  were  not  the 
chosen  servants  of  the  people;  they  were,  for  tho 
most  part,  scoundrels  who  had  fraudulently  stuffed 
tliemselves  into  olHce  through  spring  ballot-boxes ;  and 
there  was  virtually  no  such  thing  as  justice  in  the 
courts.  The  men  of  the  time  were  not  of  the  temper 
to  rest  quietly  wrapped  in  a  fold  of  red  tape,  and  see 
their  Ic'llow-workers  shot  down  in  the  streets  and 
robbed  of  what  they  had  come  so  far  and  toiled  so 
hard  to  obtain;  they  were  not  of  the  stuff  that  haggles 
over  empty  traditions.  They  cared  little  for  names. 
"  The  [)eoplo  of  San  Francisco  have  been  called  a  mob," 
said  General  Wilson,  while  presiding  over  a  mass-meet- 
ing assembled  in  Portsmouth  square  the  5th  of  Juno 
1  850,  for  the  purpose  of  calling  to  a  sense  of  duty  the 
common  council  who  had  just  voted  themselves  each 
a  salary  of  five  hundred  dollars  a  month.  "If  they 
do  call  us  a  mob,  what  do  we  care?  As  for  myself  I 
shall  be  happy  to  preside  over  such  mobs  at  any  time." 
They  cared  little  for  so-called  right  ways  or  thingi^ 
sacred.  Right  ways  were  to  them  straight  and  simple 
ways  that  led  to  no  wrong  ends,  and  sacred  things 
vv'ere  things  worthy  of  adoration,  and  not  filthy  politi- 
cal puddles  or  otherwise  legalized  pollutions. 

Constituted  authority  is  deposed  l^y  an  unconsti- 
tutcd  authority,  which  takes  cognizance  of  oft'ences 
which  the  law  fails  properly  to  punish,  in  a  manner 
not  laid  down  in  the  criminal  code.  AVhat  then?  At 
])est  or  at  worst  it  is  but  a  fresli  demonstration  of 
will,  called  forth  by  strange  emergencies,  by  that 
power  which  created  law  and  constitution,  and  set  its 
servants  on  judicial  benclics  to  do  its  bidding — ac- 
cording to  law  if  it  so  wills,  or  according  to  expedien- 
cy if  it  so  dictates. 

The  London  Times  thought  that  "an  organized 
association,  powerful  enough  to  supersede  the  law  of 


-f 


M 


4i 


a  i 


632 


REFLECTIONS  AND  LESSONS. 


tlio  land  in  open  day,  could  have  no  possible  difficulty 
ill  amendinGf  the  administration  of  this  law,  had  they 
directed  their  efforts  to  such  purpose  instead  of  dis- 
pensin<r  with  law  altogether."  liut  this  writer,  like 
most  of  those  who  have  condemned  the  action  of  the 
])eople  in  organizing  committees  of  vigilance,  either 
was  not  in  i)ossession  of  the  facts,  or  had  given  the 
subject  no  thought.  To  overturn  and  reconstruct  the 
machinery  of  law  would  have  been  to  carry  the  evil, 
if  evil  it  was,  much  further  than  the  people  wished  to 
do  or  did.  Was  it  better  to  hang  the  judges  and 
ballot-box  stufiers  and  elect  new  officers,  or  to  hang 
the  rogues  the  law  would  not  ]iunish,  help  the  author- 
ities, intimidate  wicked  ofHce-holders,  and  teach  them 
their  duty?  The  circumstances  were  most  peculiar. 
There  was  no  time  for  speculation.  This  society  was 
the  product  of  no  soil  or  climate;  it  had  not  had  tlu; 
benefit  of  centuries  in  which  to  grow  and  ripen  its 
fruit;  it  sprang  up  in  a  day,  and  was  likely  to  be 
.swept  away  in  a  day.  The  New  York  'Tribune,  com- 
menting on  the  affairs  of  1851,  remarks:  "  San  Fran- 
cisco, therefore,  presents  the  singular  spectacle  of  a 
connnunity  governed  by  two  powers,  each  of  which  is 
distinct  and  separate  from  the  other.  They  cannot 
come  in  conflict,  since  there  is  no  aggressive  move- 
ment against  the  law  on  the  part  of  the  Connnittee, 
and  no  attempt  on  the  part  of  the  regular  authorities 
to  interfere  with  the  action  of  the  latter.  Public 
opinion  universally  upholds  the  course  pursued  by  the 
Committee.  This  course,  under  the  circumstances,  can- 
not be  called  mob-law,  or  lynch-law,  in  the  common  ac- 
ceptation of  the  term.  It  more  nearly  resembles  tlie 
martial  law  which  prevails  during  a  state  of  siege.  It 
has  been  suggested  by  the  presence  of  a  danger  whicli 
the  ordinary  course  of  law  seemed  inadequate  to  meet . 
Life  and  pi'operty  must  be  protected  at  all  hazards;  and 
nothing  but  the  most  ])rompt  and  relentless  justice  will 
give  us  security.  These  are  probably  the  sentiments 
of  nine  tenths  of  the  people  of  California." 


THE  EFFECT  OF  LAW  UPON  LAW. 


G83 


"We  condemn  as  sternly  as  any,"  writes  the  editor 
of  a  RichnKjnd,  Virginia,  paper,  "everything  in  the 
shape  of  (hsrespect  for  law,  but  if  the  law  utterly 
fails  of  its  objeet  of  protection;  if  murder,  orson, 
burglary,  theft,  and  every  other  crime  are  connnitted 
in  any  society  with  in)punity,  we  consider  it  a  mawk- 
ish and  criminal  sensibility  which  objects  to  the  bet- 
ter part  of  the  community  resorting  to  the  higher 
law  of  force." 

"Truly  this  is  a  terrible  state  of  things,  and  greatly 
to  be  deplored,"  comments  the  New  York  JJeni/d, 
"but  the  people  of  California,  it  appears,  ncjt  only 
have  reas(.)nable  excuses  f(jr  these  summary  and  in- 
discriminate executions,  but  their  situation  is  such  as 
imperatively  to  demand  them." 

Nothing  could  have  more  plainly  evidenced  the 
moral  feeling  that  animated  the  better  (;lass  of  citi- 
zens than  the  Vigilance  Committee  movement.  It 
spoke  in  the  loudest  tones  their  abhorrence  f)f  the  past 
and  their  determination  for  the  future.  It  allbrded 
the  best  guaranty  that  thenceforth  California  should 
rival  the  oldest  and  most  upright  states  of  the  world 
in  social  order  and  good  government;  and  that  i)rom- 
ise  has  been  faithfully  carried  out.  The  forms  of  a 
society  derive  their  character  from  the  factors  of  the 
socictv:  governmental  organizations  are  determined 
by  individual  attributes.  Low  organisms  mark  low 
development;  high  social  development  can  only  come 
from  hiufh  social  structure.  California's  aLje  of  gold, 
like  the  early  age  of  every  nation,  was  eminently  a 
fighting  age.  Nevertheless  one  good  result  arose 
from  it.  Many  bad  men  were  killed  by  other  bad 
raen,  and  these  were  hanged  by  good  men.  So, 
many  a  little  society  was  physicked  of  its  pain.  The 
Circcan  slumber  into  which  the  venom  of  sellishness 
had  cast  the  community  was  broken,  and  never  again 
should  ultra-moralists  have  the  op])ortunity  tcj  [)i(>- 
claim  the  reijxning  evils  in  such  hideous  YvAd. 

As   a   matter  of  course  all  criminals  were  stron<i 


m 


m 


REFLECTIONS  AND  LESSONS. 


law  niid  order  men,  "Only  give  u«  a  trial,"  said 
tlicv,  "it  is  all  we  ask,"  mcaniii;^'  thorchy  a  trial  in  the 
courts,  witli  «»no  of  their  colleagues  as  judge,  another  as 
•slieriir,  and  the  jury-box  well  lilled  with  sympathizing 
friends.  It  was  by  such  as  these  at  homo,  and  by 
niaiiy  abroad  who  knew  little  of  the  necessity  for  or 
the  character  of  the  revolution,  that  the  doings  of  the 
San  Franciscans  were  denounced  as  disgraceful,  and 
in  the  eyes  of  some  a  stigma  attaches  to  the  state  to 
this  day  in  conse(|uencc. 

I  claim  f(jr  this  uprising  a  phase  of  social  phenom- 
ena in  its  magnitude  and  purity  not  visible  elsewhere 
in  the  highways  of  history.  Mobs  there  have  been 
many,  and  insurrections,  revolutions,  and  civil  wars. 
But  where  shall  wc  find  a  people,  satisfied  with  the 
law,  loyal  to  their  government,  proud  of  their  politi- 
cal principles  and  institutions,  lawlessly  rallying  to  the 
assistance  of  law?  Every  progressive  country  has  its 
bursts  of  lawlessness,  tending  to  greater  liberty.  But 
here  we  had  liberty  enough;  indeed,  too  much,  for  it 
was  fast  degenerating  into  licentiousness.  Had  we 
been  dissatislied  with  our  law,  there  was  an  easy  rem- 
edy in  the  regular  course  of  legislation.  Insurrection 
would  ha"o  been  the  last  method  thought  of.  The 
more  free  the  people,  often  the  more  patient  they  are 
under  grievances;  bind  them  and  they  will  burst  their 
cords  at  any  cost. 

"  Insurrections  are  generally  wrong,"  says  Buclvle, 
"  revolutions  arc  always  right.  An  insurrection  is  too 
often  the  mad  and  passionate  effort  of  ignorant  per- 
sons, who  arc  impatient  under  some  immediate  injury, 
and  never  stop  to  investigate  its  remote  and  g'jueral 
causes.  But  a  revolution,  when  it  is  the  work  oC  ho 
nation  itself,  is  a  splendid  and  imposing  spectacle  be- 
cause to  the  moral  quality  of  indignation,  produced  by 
tlic  presence  of  evil,  it  adds  the  intellectual  qualities 
of  foresight  and  combination;  and  uniting  in  tlie  same 
act  some  of  the  higliest  properties  of  our  nature,  it 
achieves  a  double  purpose,  not  only  punishing  the  op- 


NOR  YET  AN  INSURUECTION. 


cs.-. 


pressor  but  also  rclicviiij^  the  o|)prosso(l."  Tint  tho 
vijL^nlancc  orufanization  was  as  I'ar  from  insurn'ctioii  as 
from  revolution,  and  further  from  moljocracv  than  from 
either.  It  enihodiecl  all  the  hiu^h  moral  purjtosts  of 
revolution  with  none  of  the  evils  attendiuLf  insurrec- 
tion. It  was  based  upon  the  highest  and  holiest  jn-in- 
eiples  ineidont  to  associated  humanity — the  sjuiilice 
of  self  for  public  j^ood;  the  sinkinj^  of  self  in  a  li^lit- 
eous  cause;  the  lifting  up  of  right  and  virtue,  and  the 
casting  down  of  wrong  and  vice.  In  nothing  did  the 
spirit  of  self-management  display  itself  in  a  najre 
marked  degree  than  in  the  organization  of  citizens' 
conclaves  for  the  prevention  of  crime.  Out  of  the 
necessities  of  society  sprang  a  system  sui  (jenen's,  and 
developed  into  an  institution  which,  however  regarded 
in  principle  by  conservative  form-worshippers,  was  the 
savior  of  the  commonwealth.  In  theory  it  was 
unique;  in  principle  it  was  the  essence  of  good  gov- 
ernment, the  springing  into  action  of  th  •  sovereign  will 
of  the  people;  in  practice  it  was  pointed,  switi,  and 
successful.  With  magniliccnt  audacity  a  handful  of 
men,  in  close  assembly,  backed  by  the  better  part 
of  the  community,  in  the  name  of  law  rise  superior  to 
law,  overturn  it,  place  it  beneath  their  feet,  and  assume 
authority  absolute,  tem|)orarily,  for  the  purpose  of 
vindicating  the  majesty  of  law  outraged.  And  their 
end  achieved  they  voluntarily  lay  down  their  power 
which  offers  no  recoil,  and  return  in  peace  to  their 
private  station,  cairying  with  them  the  gratitude  of 
every  good  citizen.  The  Draconian  code  was  scarcely 
more  severe,  but  the  San  Franciscans  were  far  more 
prompt  in  the  execution  of  their  sentences  than  were 
the  Athenians. 

As  I  have  said,  the  aim  and  spirit  of  the  higher 
popular  tribunal  is  to  execute  the  law  rather  than  to 
overthrow  it.  Where  law  was  properly  administered 
there  never  yet  has  been  a  popular  trial  or  ex^.ou- 
tion  in  California.  Rarely  in  their  impnjvised  tribu- 
nals was  a  criminal  punished  until  after  a  fair  trial, 


\ 
"•.(• 


''  I 


)  llll 

I 


'       Pli  I 


C80 


REFLECTIOXS  AND  LESSONS. 


conducted  as  nearly  as  possible  according  to  court 
forms,  although  the  deed  may  hav^o  been  committed 
under  the  eyes  of  the  whole  town.  Usually  there 
were  twelve  jurors,  who  must  bring  in  an  unani- 
mous verdict;  the  prisoner  might  select  his  counsel 
and  sunnnon  his  witnesses.  Ho  was  always  hu- 
manely treated;  I  never  heard  of  an  instance  where 
a  prisoner  was  struck,  or  allowed  to  l)e  insulted,  and 
every  reasonable  request  was  granted.  Not  unfrc- 
quently,  after  the  whipping  of  some  petty  thief,  the 
sympathies  of  the  large-hearted  miners  would  be  so 
excited  for  the  miserable  wretch,  that  they  would 
make  up  ft)r  him  a  purse  on  the  spot  to  help 
him  away.  The  vigilance  committees  frequently 
paid  the  fjires  of  their  expatriated  by  steamers  and 
sailing-vessels.  There  was  none  of  the  appearance  of 
revenge  about  it,  but  if  the  deed  was  done,  and  men 
saw  it,  the  doer  might  rest  assured  of  sucli  swift  and 
severe  punishment  as  it  justly  deserved.  This  is  all 
the  people  of  California  aimed  at  when  they  took  the 
scales  of  justice  from  the  hands  of  bungling  and 
atrocious  judges,  and  assumed  the  administration  of 
law  where  there  was  none;  furthermore,  this  is  all 
they  ever  did,  and  for  this  who  shall  blame  them? 

Therefore,  after  an  earnest  and,  I  believe,  an  un- 
biassed study  of  the  subject,  with  as  much  willingness 
at  the  outset  to  condemn  as  to  praise,  with  the  secret 
workings  of  the  institution,  the  motives  which  actu- 
ated the  leading  spirits  of  the  San  Francisco  Vigil- 
ance Committee  as  communicated  to  me  in  person, 
their  purity  of  intent  and  action,  the  high  moral  re- 
sponsibility which  they  felt  resting  upon  them,  and 
the  conscientious  care  taken  that  impartial  and  pas- 
sionless judgment  should  crown  all  their  acts — with 
these,  as  well  as  the  existing  necessities,  the  outer 
workings  of  the  system,  and  its  successful  results,  all 
before  me,  it  is  clear  to  my  mind  that  not  only  was 
the  movement  justifiable,  the  principle  a  wise  and 


DUTIES  OF  JUDGES. 


6S7 


righteous  one,  but  that  it  was  the  only  thing  under  the 
circumstances  that  could  have  saved  society;  and  that 
the  noble  men  who  staked  their  honor,  tlieir  iives,  and 
their  property  on  the  honest  earnestness  of  tlieir  en- 
deavor for  the  welfare  of  the  communitv,  are  dc'servinix 
tlie  innnortal  gratitude  of  posterity.  Like  the  sena- 
tors Cineas  found  at  Rome,  they  were  an  assembly 
of  kings,  above  law,  who  dealt  out  justice  fresh  and 
evenly  balanced  as  from  the  hand  of  the  etei-nal. 

These  are  the  lessons;  and  further,  free  enlightened 
and  progressive  peoples  will  not  always  submit  to 
ancient  superstitions,  howsoever  imposing  the  idea,  or 
howsoever  dear  the  names  by  which  they  have  been 
accustomed  to  hear  them  called. 

They  will  have  justice  done.  Coleman  said  it  when 
he  told  the  governor,  "We  are  tired  of  having  our 
citizens  shot  down  in  the  streets."  When  will  blind, 
bigoted  law  learn  the  lesson,  and  instead  of  crying  so 
loudly  with  hands  uplifted  in  holy  horror  go  to  worlc 
and  do  its  duty?  Cannot  lawyers  and  judges  see 
that  the  people  do  not  want  to  meddle  in  these  mat- 
ters, as  tliey  call  it?  But  through  the  laxity  of  our 
judicial  and  jury  systems,  and  the  laziness  and  indif- 
ference of  hired  public  servants,  the  people  are  obliged, 
every  now  and  then,  to  leave  their  business  and  do 
what  sheriffs  and  judges  arc  employed  by  them  to  do, 
and  fail  in  accomplishing.  Where  justice  is  strictly 
administered  the  legal  fraternity  need  have  no  fear 
of  interference  on  the  part  of  the  people,  In  all  the 
uprisings  in  California  there  has  nc;ver  bcMi  mani- 
fested any  ]>articular  pcncliant  on  the  part  of  the  peo- 
ple for  catching  and  hanixinijf  criminals.  They  do  not 
like  it.  Naturallv  the  law  detests  viijjilanee,  because 
vigilance  is  a  standing  reproach  to  law.  ]^et  the  law 
look  to  it  and  do  its  duty. 

The  members  of  the  legal  profession  should  seek  l)y 
every  means  in  their  \  • .  iv  to  reform  whatsoever  there 
is  of  evil  in  their  practice,  and  to  renovate  courts  of 
law,  and  malvc  them  indeed  tem])les  of  justice. 


i)    M 


'•-'PI 


088 


REFLECTIONS  AND  LESSONS. 


Most  profitably  might  law  step  from  its  high  ped- 
estal and  learn  these  lessons  from  vigilance.  As  lias 
often  and  truly  been  said,  in  proportion  as  punish- 
ment is  sure  crime  is  made  afraid.  With  the  intrica- 
cies of  law  to  aid  him  the  ignorant  criminal  fears  law 
less  than  the  mob.  Uncertainty  takes  from  the  pen- 
alty its  horror;  likewise  delay,  solemn  deliberations, 
and  court  parade  rob  punishment  of  its  wholesome 
vividness.  All  this,  even  where  law  is  justly  admin- 
istered, leads  the  criminal  to  overestimate  the  chances 
of  escape  afforded  by  law;  whereas  the  hard  common- 
sense  of  arbitrary  measures  only  executes  the  verdict 
ol'  conscience. 

Short  and  swift  is  the  honest  road  to  simple  jus- 
tice, but  few  there  be  in  the  legal  fraternity  who  tind 
it.  The  law  maxims  of  the  miner  were  brief,  and  easily 
understood.  Equity  and  execution.  The  thief  and 
nmrderer  should  die.  There  is  no  question  that  in 
many  cases  court  organizations  and  statutory  codes 
retard  rather  than  accelerate  the  administration  of 
justice.  California  never  required  an  extraordinarily 
strong  government.  A  firm,  steady  rule,  such  as  ob- 
tained in  other  well  regulated  states,  was  all  that  was 
necessary.  Gladly  did  the  people  everywhere  wel- 
come the  magistrate  with  all  his  legal  appointments ; 
but  when  they  saw  that  conviction  under  legislative 
enactments  was  next  to  impossible,  they  felt  obliged 
to  fall  back  upon  their  own  more  caustic  code,  wlii'^h 
they  rightly  regarded  as  the  os  sacrum  of  their  civil 
polity. 

The  study  and  observance  of  the  law  should  ever 
eomn)and  our  highest  attention;  for  it  is  law,  as  Cicero 
savs,  which  rcGfulates  the  interests  of  the  human  I'ace. 
Therefore  love,  honor,  and  respect  the  laws,  if  so  be 
they  are  worthy;  but  do  not  tremble  or  bow  down 
before  them.  Yet  centuries  of  sophistry  to  the  con- 
trary notwithstanding,  I  can  but  rcjjard  the  lawvor 
who  endeavors  to  clear  his  client,  knowing  him  to  be 
criminal,  as  an  accessary  after  the  fact.    The  ancient 


LEGAL  SOrniSTRY. 


689 


arguments  on  tills  subject  have  no  weight  with  me,  and 
only  show  the  impcrt'ections  of  our  judicial  system. 
The  court  is  tlie  ])laco  to  try  causes,  we  are  told.  It 
is  not  the  duty  <^)t'  >ho  defend;uit's  attorney  to  usuri) 
the  place  of  judge.  The  accused  being  incompetent 
to  act  for  himself,  his  attorney  may  rightfully  do  for 
him  whatsoever  he  can  do  if  he  lias  the  knt>wle(lge. 
If  attorneys  were  at  liberty  to  undertake  no  cases 
except  those  known  to  ])e  just,  many  just  cases  would 
lack  counsel,  and  so  on.  After  all  tliis,  and  nmch 
more,  liiere  still  remains  the  bald  ungainly  fact  that 
an  officer  of  the  court,  a  lawyer,  in  the  name  of  jus- 
tice, in  a  court  of  justice,  may  ri<>hteously   employ 

'  »'  '  1  »~  lit/ 

every  art  .'U'l  subterfuo'e  to  unchain  upon  society  a 
murdere?  1;ii'  v  ng  him  to  be  such,  when  for  another, 
not  a  proi"  .  .> ;  !  j  istice-monger,  to  assist  tlie  eriininal's 
osca})e  bring  ^  lipon  himself  the  charge  of  felony.  Of 
just  or  donbtfid  cases  I  have  nothiiiLT  to  say;  it  is  only 
when  guilt  is  certain.  I]ut  how  are  we  to  know  if 
the  accused  be  certainly  u:uilty  until  he  is  trie(W 
Sometimes  we  may  kntnv  it;  generally  we  may  know 
it  befoi'e  the  case  has  proceeded  far;  and  it  s[)(?aks 
poorly  for  the  legal  fraternity  that  after  these  sc'veral 
tliousand  years  of  litigation  no  better  system  of  at- 
taining j'.isticc  has  been  devised.  ]jaw-makers,  go\  - 
eriioi's,  and  all  liolders  ol'  oitice  by  sull'ei'ance  of  the 
]>eople  should  be  aiade  to  tr.ke  heed  how  tlu'V  tamper 
with  their  trust.  Deiliriiou  of  duty  in  an  olHce- 
holder  should  ])e  consiitT.'  d  the  hi'diest  crime  in  the 


common  wt 


alth 


Tliese  are  truths  our  legi  viators  should  by  this  time 
]mow,  if  teaching  were  of  ;niy  ;ivail.  They  slionld 
know  that  few  laws  an'  better  than  many,  "('oi-- 
iiil)tissiuia  re])ublica  pluiinia'  leges,"  Tacitus  said; 
\vlien  tile  state  is  most  corruj)t  tlie  laws  are  most 
numerous.  They  sliould  know  that  mil<l  but  ceilain 
l)tmishmert  is  more  ^fle-ctual  to  I'estrain  the  \  icious 
than   severe    laws    1   uerfectly   executed.      Therefoie 

Toi'.  Tiiin.,  Vol.  IX.     j 


m 


090 


REFLECTIONS  AND  LESSONS. 


jiiJgcs  who  fail  to  punish  sliould  themselves  bo  pun 
ishod.  The  annual  executions  in  Engjland  have  been 
reduced  since  the  reign  of  Henry  VIII.  from  two 
tliousand  to  one  hundi'cd  and  twenty.  The  character 
of  the  citizen  is  weakened  by  too  stringent  laws; 
likewise  among  independent  and  intelligent  people 
severe  and  unjust  laws  arc  certain  to  be  disregarded. 
They  should  know  that  this  universe,  from  the  great 
creator,  or  jirimary  force,  to  the  least  and  weakest  of 
created  things,  is  set  up  on  the  basis  that  might  is 
right;  that  this  order  of  injustice  docs  not  satisfv 
fair-minded  and  progressive  men,  who  would  improv(^ 
upon  nature  and  brute  for<  t.  and  not  hold  to  ancient 
ini(|uitous  maxims. 

I  have  said  l)efore,  and  I  repeat  it,  that  for  such  a 
state  of  things  as  renders  necessary  popular  tribunal 
the  people  have  only  themselves  to  thank.  This,  in 
the  j)rcsent  instance,  all  good  citizens  who  gave  the 
suhjc'ct  candid  thought  wen)  ever  read}'  to  athnit. 
Abstaining  from  the  privileges  and  duties  of  freemen, 
keeping  aloof  from  politics  and  the  polls,  permitting 
the  acbninistrators  of  the  government  to  fall  a  prey 
to  the  arts  of  base  and  desi<]:ning  men,  were  the  chid' 
causes  that  led  to  political  corruption  and  social 
disease. 

In  California  more  than  elsewhere  in  our  confedera- 
tion were  these  evils  engendered.  Two  causes,  each 
abetting  the  other,  intensified  the  mischief.  Societv 
for  several  years  following  the  gold  discovery  was  in 
an  abnormal  state.  A  double  attraction  brought  ti> 
our  shores  two  elements,  each  of  which  for  a  tinir 
contend  d  for  the  mastery.  The  gold-fiehls  oftei'  1 
allurements  alike  to  honest  industry  and  to  ruflianls' 
rule.  Hither  came  the  virtuous  with  good  intention-. 
bent  on  securing  a  competency,  and  then  returning  to 
their  homes  to  enjoy  it.  Hither  came  likewise  tiic 
vicious,  with  wicked  intent,  to  prey  upon  society,  and 
wallow  in  their  rank  corruption.     Although  the  good 


olenif 
fester 
Inisy 
the   ^ 
Grow 
))laces 
Then 
unend 
elemei 
<lan«Tfci 
majest 
crushe 
It  is 
in  a  ne 
to  plan 
to  cuiti 
doservi 
<'<nnitai 
guard  ] 
Xow  w 
as  the^ 
ai'istoci 
linguisl 
iiiocrac; 
institut 
L^ai'ch}' 
iiolwith 
I  tide  as^ 
I  V.-uicis 
^inceit'l 
•N'en,  Ik 
'■••utivu 
U((  are 
lapidly  ; 
iiiatchle 
^■'■nt  fiv 
doinao'o'- 
'"•rac3',\\ 
in  their 


BEWARE  OF  MOBOCRACY! 


691 


olemoiit  preponderated,  it  lay  dormant,  wliilo  iniquity 
Ibstorod  and  grow  virulent.  While  the  workers  were 
Ijusy  reaping  their  harvest,  knavish  drones  usurped 
the  government  and  sucked  the  sweets  of  olHcc 
Growing  bolder  they  marshalled  immorality  in  |)ul»li(' 
])laces,  and  added  to  their  ol)duracy  brutal  crimes. 
Then  it  was,  when  profligacy  and  criminality  became 
unendurable,  the  people,  that  is  to  say  the  purer 
element  of  society,  awoke  to  a  realization  of  tiieii* 
dangerous  position,  and  rising  in  their  sovereign 
majesty,  they  put  in  exercise  their  inherent  right,  and 
crushed  the  monster  crime. 

It  is  easy  to  see,  however,  that  all  tli's  evil  originated 
in  a  neglect  of  duty.  He  who  will  ncn  ^^I'stir  liiinsclf 
to  plant  and  reap  deserves  to  starve.  Pie  who  neglects 
to  cultivate  the  mind,  after  the  body  is  fed  and  clot  lied, 
deserves  to  be  scour<>'ed  with  i<niorance  and  all  its  con- 
comitant  credulities  and  bigotries.  He  who  will  not 
guard  his  inherited  liberties  deserves  to  die  a  slave. 
Xow  what  is  to  be  done?  First  eschew  money-getting 
iis  the  great  and  ultimate  good.  Let  us  have  a  nobler 
aristocr'acy  than  that  of  wealth.  Let  us  learn  to  dis- 
linguisli  between  liberty  and  libertinism,  between  de- 
mocracy and  demagogy.  Let  us  cleanse  our  repul  )1  i c\\  1 1 
institutions  of  their  rottenness,  or  else  set  u]>  an  oli- 
garchy that  shall  govern  us.  Without  jiaradox,  nnd 
notwithstanding  all  I  liave  said  in  def»_'nce  of  tlie  atti- 
tude assumed  \\\  the  noble  men  who  composed  the  San 
1  rancisco  executive  committee  of  vin'ilance,  I  can  s.iv 
iucerely,  give  me  despotism,  the  despotism  of  llussj.-i 
(■\('n,  before  niol)Ocracy,  and  every  membei"  of  tlie  ex- 
I  •■utive  connnittee  would  sny  to  tliat,  amen.  Because 
\\(^  are  faithless  to  our  privileges  and  our  trusts,  as 
rapidly  as  may  be  this  matchless  government  of  ouis, 
i Matchless  for  the  I'cgulation  of  the  aflaii's  of  iulilli- 
L;int  freemen,  is  tending  toward  mobocracy,  towai'd 
<!''magogy;  not  a  vigilance  connnittee  species  of  mob- 
"I  racy,  whereby  intelligent,  American-born  citi/cens  ris(> 
ill  their  sovereignty  and  organize  for  the  purpose  of 


pi 

1 

11 

I'i 

\  ^''^  BIK 

fi,;^i  11 

;i  >.  1  Sn 

i  ]M^ 

lljl 

002 


REFLECTIOX^;  AXD  LESSONS. 


cleansing  tlicmsolvcs  of  tlioir  moral  pollution.  By  ii<' 
means.  It  is  a  demagogy  composed  of  low,  illiterate, 
and  unprincipled  foreignei's.  the  scum  of  aristocratic 
governments,  in  the  management  of  which  they  had  ]\>> 
more  voice  than  the  ilv  in  the  turnin^f  of  the  wa^'on- 
A\hcel,  and  deserved  no  more.  Our  free  and  ca>-y 
institutions  admit  this  element  mdimited  entrant •. 
admit  it  in  a  few  short  years  to  all  or  nearly  all  tlh' 

i)ri\ile2fes  and  dii>"nities  of  the  descendants  of  natiN>' 

•  •  •  1  1     •  1 

citi/ens.  On  the  one  side  we  legislate  against  ad- 
mitting the  heathen  Asiatic  to  do  our  scruhhing;  oii 
the  other  wo  open  our  doors  for  the  rel'use  of  Europe 
to  come  in  and  govern  us. 

Therefore  it  behooves  the  people,  if  they  would  serve 
(Jod,  their  country,  and  tliemselvc^s,  if  they  would 
elevate  the  standard  of  personal  and  political  morality 
and  sa\'e  their  children  much  trouble,  to  be  instant  in 
i1m  :r  duty  as  citizens  of  tlie  commonwealth,  Xo  g(>\ - 
crmnent  can  long  be  res]>ectable  while  its  most  re- 
sp<'ctal)le  members  do  little  else  than  denounce  jioli- 
tics  as  everything  that  is  vile.  Jf  indeed  the  public 
service  is  so  iilthv  that  clean  hands  cannot  handle  it. 
good  men  should  set  themselves  at  once  about  clcaii>- 
iu'''  it,  else  thev  are  not  <>'ood  men. 

( )bviouslv  it  was  necessarv  that  nmch  of  the  worlc 
of  the  Vigilance  Committee  should  be  done  in  secret. 
vet  it  was  not  a  secret  oru-anization,  in  the  ordinni'v 
acce]»tation  of  the  term.  Associations  in  whi<!i 
dcmagogism  panders  to  brutal  instincts,  and  passi":i 
nsnr|ts  thc^  jdace  of  reason,  are  o]i]>ugnant  to  our  i'. 
stitutions  and  to  the  age  in  which  we  live.  ]^;d  >  ' 
leagues,  anti-Chinese  associations,  orders  of  Cane;(- 
r'ans,  and  tlie  lik(\,  having  their  origin  in  low  ambiti"i 
and  their  action  in  class  oppression,  cannot  1)e  t 
greatly  repndiended ;  and  none  but  the  wilfully  blind 
or  p(M'\-(>rse  will  see  in  su(di  combinations  of  evil  inll'i- 
eiices  priiici})les  like  those  entertained  by  the  bi -t 
citizens,  who,  without  personal  ambition  or  i)rivate  nd- 
\antage,  associate  for  the  [)urpose  of  stilling  a  s<u  in! 


I 

I  Ml 


SECRET  ASSOCIATIONS. 


CO.-} 


monster  thrcatciiin<>'  social  destruction.  The  evils  in- 
separable  tVoni  secret  associations  must  not  thereloro 
be  laid  at  tlie  door  of  connuittecs  of  vigilance,  which 
are  never  intended  as  a  })ermanent  power,  but  as  a 
desperate  remedy  for  otherwise  insurmountable  wntii^'. 
Nor  are  they  necessarily  secret;  the  only  secrecy 
cmiJoved  is  that  of  ordinary  discretion  in  their  dclib- 
(■rations  u[)on  the  accomi>lislunent  of  diihcult  and 
dangerous  necessity.  Aside  from  this  their  acts  are 
open  as  the  day. 

The  general  welfare  of  society  can  never  be  j)roperly 
directed  by  secret  associations.  From  the  very  nature 
of  the  case  a  reformatory  measure  to  be  elfectual 
must  carry  with  it  the  sanction  of  the  majority,  to 
obtain  wliicli  its  discussions  and  actions  nuist  he  open 
and  public.  I  am  not  speaking  of  Ijeneiiciary  societies 
fniding  pleasure  or  profit  in  signs,  [)asswords,  and  de- 
grees, n<n'  of  e(;onomi{-  associations,  l)ut  of  secret, 
revolutionary,  and  political  cond)inations  I'or  the  ae- 
comphshment  of  ])ur])oses  in  whicli  all  liavc^  an  intei'- 
est,  in  whicli  all  should  have  a  voice.  Such  is  not  the 
^tiinciplcof  vigilance,  which  though  babbling  litile  nf 
its  intentions,  in  the  end  t'n-cnvs  oi)en  all  the  se-ret 
woi'kings  of  its  beneficent  refoini. 

Cicero  atHrins  that  one  of  the  chief  causes  of  iho 
fall  «.)f  the  lioman  reptd>lic  was  that  their  voting  wa  ^ 
secret.  A'otes  should  always  be  given  openly  and 
I'alrlv,  notwitlistandinii"  what  ^lontesnuieu  savs  of  it, 
that  "lorsque  dans  une  aristocratic  le  corps  des  iK^ble-; 
donne  les  sullVagi'S,  ou  dans  une  democratic  le  senat, 
eonunt^  il  n'est  la  (piestion  <[Ue  de  prevenir  les  ijrigue-, 
les  sutfrages  ne  sauraient  etre  tro[)  secrets." 


►  H 


In  the  o-rand  tribunal  of  ISaC)  the  chivahv  i»arty 
was  a  compact  force  wielded  by  leaders  cajiabk",  bold, 
and  unscrupulous.  These  men  l>elievi'd  in  aristoc-racy 
with  themselves  u\)on  the  surface.  They  believed  in 
labor,  when  others  perl'ormed  it;  in  freedom.  wIu'U 
the}'  enjoyed  it;  in  re[)ublican  government,  when  they 


cot 


REFLECTIOXS  AND  LESSONS. 


lield  the  reins.  Though  the  foHowers  of  this  party 
Mcrc  iK)t  comparatively  many,  they  were  earnest  and 
(ihofhcnt.  Its  managers  hail  control  of  thu  prineip;il 
(ifficial  positions  of  the  state,  and  tliey  saw  at  on<(' 
that  their  power  was  in  peril.  Their  rule  had  l)r(ii 
attended  by  disorder,  corruption,  and  i'raud;  the  tri- 
umph of  vigilance  would  give  its  leaders  an  inilueiicc 
over  public  opinion,  and  this  they  totjk  for  giMnli'd 
v.'ould  be  employed  to  their  over-throw. 

AVc  have  seen  how  they  endeavored  by  skilfully 
]ii-eparcd  newspaper  articles  to  connnit  the  vigilauci' 
movement,  for  wliich  these  writers  yirofessed  ardent 
admiration,  to  a  secession  polity,  a  ])olicy  which  should 
divide  not  only  the  north  and  south  but  the  east  and 
west  of  the  American  uni(tn.  Failing  in  this  th(  y 
attempted  to  sow  dissension  within  the  ranks  of  vi'^- 
ilancc,  and  finall}'  to  crush  the  institution  by  main 
force. 

It  was  wonderful  to  see  men  who,  during  the  long 
fruitless  struggle  l)y  patriotic  citizens  to  emancipate  tin' 
comnnmity  from  the  tyranny  tif  those  inllucnci^s  which 
ovadod  or  defied  all  law,  had  continued  i'Mliiili-cnt  or 
lukewarm  to  its  violation,  skilfullv  u'atheri:!''"  and 
bandmg  all  who  from  any  motive,  from  any  piii!ci[il<' 
or  pn^judicii  opposed  the  Vigilance  Connnittee,  ollici;d> 
fearful  of  loss  of  pi'csent  oj)})ortunitics  uniting  Vvi)!i 
ol<l  eorruptionists  dreading  investigation — it  waswon- 
d(.'ri'uL  I  sav,  to  see  those  so  latelv  indilferent  sud- 
<lenly  "ager  to  ally  themselves  with  the  worst  classes 
in  deadly  hatred  (^f  the  bod}'  Mhich  was  then  alone 
sus^sdning  the  S})irit  of  the  laws. 

There  is  one  most  significant  I'act  before  mentioned, 
and  which  should  never  be  lost  sight  of,  the  anxious 
desire  of  the  Connnittee  to  surrender  their  power  nnd 
disband  their  forces.  I'he  records  show  that  as  early 
as  June  185G,  after  it  had  b(>en  onlv  about  one  month 
in  existence,  a  s[)(M'ial  sub-eounnittee  was  charged  with 
the  duty  of  malting  ]>repai'ations  for  a  final  parade, 
and  disbanding   on   the   conung   4th  of  July.     Con- 


THE  DESIRK  FOR  DISBANDMEXT. 


C93 


trary  to  the  predictions  of  their  enemies  and  the  expe- 
rience of  (jther  connuunities,  these  men  (h<l  not  I'all 
in  love  with  and  chni^  tenaciousl}'  to  the  power  they 
wielded.  Xeither  did  they  extend  their  control,  as 
they  were  urged  to  do,  to  other  parts  of  the  state, 
although  such  a  course  w^ould  have  gratified  ])eisonal 
ambition  and  have  secured  greater  personal  and 
l)ecuniary  safety.  But  for  Johnson,  Terry,  and  their 
chivalric  and  pro-slavery  associates  the  history  of  this 
Conunittee  could  have  all  been  contained  within  the 
com[)ass  of  a  half-dozen  chapters. 

The  student  of  politics  would  do  well  to  compare 
the  excesses  committed  Ijy  so  many  communities  sud- 
denly liberated  from  the  control  of  personal  gvn'crn- 
ment,  with  the  prudent  course  })ursued  by  the  eight 
thousand  citizens  of  San  Francisco,  who,  seeing  the 
conujionwealth  rushing  headlong  over  the  [)rocipi('e 
of  political  iniquity,  seized  the  reins  of  power  on  the 
instant,  held  them  with  a  firm  conservative  hand  for 
several  months,  controlling  a  city  of  magnitude  a!id 
wealth,  controlling,  above  all,  themselves,  and  re- 
stricting their  acts  to  the  simple  purposes  which  had 
banded  them. 

Filially,  in  the  varied  experience  attending  human 
development,  should  this  or  otlier  communities  iind  it 
necessary  with  their  own  hand  to  helm  the  shi[>  of 
state  through  an  emergeney,  such  would  do  well  to 
study  the  wisdom,  the  purity,  ani^l  the  devotion  exer- 
cised by  the  San  Francisco  Conunittee  of  Vigilance 
as  ])resented  in  these  pages. 

"What  has  become  of  your  A^igilanco  Committee?" 
asked  a  stranger  of  a  citizen  of  San  Francisco  as  late 
as  1851). 

"Toll  the  bell,  sir,  and  you  will  see,"  was  the  reply. 


J  1 


CTrAPTKU   XL. 


TllH  LABOR  AGITATION   OF    IS77-8 

Uiit  wlii'ii  to  iiiiscliii'f  niort.ilM  bend  their  will, 
How  sotiii  tlu'Y  liiiil  lit  iiistrmniMit.s  of  ill. 

J'OJM'. 

OscK  more  the  sjiirit  of  viufilaiice  wa.s  arniisi'd  by 
tlic  l;il)or  ii'^itatioii  of  IS7~-S.  'I'Jicii  tor  i]\c  first  tinu^ 
ill  (  aiitoinia  arose  a  c-oiitlict  iK'twrcii  capital  aiul  ial)or. 
Tiu'  coiitractictii  of  valutas  tliroui;lioiit  the  I'^nitcMl 
States,  which  were  greatly  inthited  (hiriiii^  tlio  war 
tor  the  union,  eentinuini;'  thritiiij(h  a  series  of  years 
eausetl  eorresponiliiii;  eontraetion  in  expenditures.  l']n- 
terprise  hinn'uislietl.  ^lanutaetories  were  elosed,  and 
thousands  of  operatives  tlirown  out  of  employment. 
Keduetions  of  wa.t'cs  on  railways  and  elsewliere  were 
followed  l)y  strikes  and  riots.  As  there  were  com- 
paratively few  railways  and  manufactories  on  the 
Pacific  coast,  there  was  in  leality  no  ^'reat  hardshi]) 
e\j)i'rienced  here,  no  real  cause  for  complaint.  Work 
was  not  as  fibundant  or  as  proHtahle  as  formerly,  hut 
there  was  littlt!  suffering  in  conse(|uence,  I  Jut  there 
was  here,  as  clsi'where,  a  had  element,  rt'ady  to  break 
out  on  tlu!  sliufhtest  pretext,  and  the  preti^xt  in  this 
instance^  was  the  pi-esence  of  the  Chinese,  without 
which  excusii  the;  agitators  would  indeed  have  been 
hard  ])inche<l  for  an  excuse. 

The  cry  was  raisiul  that  the  rich  were  becominj;- 
richer  and  the  poor  poorer.  Not  that  there  is  actual 
antagonism  between  ca[)ital  and  labor,  while  the  dis- 
tanc(!  between  them  is  natural  and  equitable.  Capital 
is  as  necessary  to  labor  as  labor  is  to  capital;  and  so 

(  D'Jti  ) 


.lOlVS    llKriiAIX. 


007 


tiuil 

ais- 

[titul 

II  so 


loiii;'  as  tli'j  ilcli 


U1(J 


foiiti'iit  to  ho  ricliiT  uikI  tlio  pooi 


to  lie  |)ooi'iT,  tliiTc;  is  iio  coiitlict  until  was^fs  jin-  iiisutli- 
ciciit  to  provide  to<»(l,  iiiid  tlu:ii  uii  uj)risiii!4'  is  sure  to 
follow,  |iid\i(l»'(l  tlui  poor  liavo  str'c'iin'tJi  to  rise.  And 
so  was  heard  on  the;  historic  sand-ltit  of  San  l"'ran- 
fist'o  the  old  cry,  raisiMJ  in  tlu;  time:  of  iloh,  and  ccho- 
in^'  down  the  ccntiirits.  What  profit  hath  a  man  of  all 


his 


lal 


tor  under  liic  sun 


th 


Tl 


us  i^iadua 


1  wid 


cnuiii'  o 


f  (list; 


incc 


-tw 


ecu  ricli  am 


d 


poor  is  frau;4lit  with   no  little  dani;er  to  the  conunon- 
wealtli.      \{'t  upon  iieither  of  theso  (^xtrtiuies  can  (lie 


( )C- 


country  de|K'nd  in  time  of  daui^cr.     lietween  pint 
racy  and  mi)h()cracv  is  a  stronn'  conservative  element, 
consistin'-'    of  the   mercantile    and    industrial    classes. 


men  of  moclerate  means,  sh 


•w  o 


f  wi-ath,  hut  tei-rihh 


hen    aroused,    of   which    are    made    viL(ilance    com- 


w 

mitti'cs  and   associations  for  tho  prcsei'vation  o 


1' 


.f  life 


pi'operty,  and  countiy.  It  is  well  for  hoth  capital  and 
lahor  to  have  a  caic  of  the  Amei'ican  jteojde,  for  this 
country  is  neither  Mexico,  Iri-land,  nor  llussla.  On 
the  othei'  hand,  it  is  well  for  the  American  |)eople 
clearly  to  distinguish  hetwciMi  unjust  and  ini<piitous 
monopoly  and  cajtital  fairly  and  legitimately  emphtyed. 
To  attem[)t  hy  law  to  reujulate  the  })rlce  of  la  hoi-  or 
of  food  is  inJu(hcious  in  the  extreme;  hut  it  is  still 
worse  for  the  ]»e(tpl(!  in  tlu;ir  sovereign  capacity  to 
resort  to  irregular  means  for  the  accomplishment,  of 


their   wishes   in   this  direction.      Such   eil'orts  al 


w 


^y 


operati'  a^^ainst  the  poor,  and  hrini"^  u])on  them  in  au 
intensified  (hiiiret!  the  very  cavils  which  they  seek  to 
escape.  (^lieap  food  and  well-rewarded  la,l)or  ar».' 
grand  thin<>s  I'or  a  community,  provitled  jaices  are 
natural,  healthy,  and  remuneratiyi.'  to  all  concerned. 


J ' 


l^ut  if  food  is  forced  hy  any  means  helow  the  cost  of 
])roduction,  then  planting  is  diminished  and  si-arcity 
follows;  and  the  moment  the  force  is  removed,  ])ric(>s 
advance  higher  than  ever.  So  it  is  with  lahor-. 
Striking  for  higher  wages,  or  a  less  numher  of  hours- 
which  is  the  same  thing     attempts  to  force  the  luanu- 


0)08 


TliK    LA150U  A(ilTATI()N   OF    1S77-8. 


M 


fattuirr  to  ]);iy  liiu'licr  wuilj^ch  than  lio  finds  profitable, 
doses  ]iis  woiks,  and  luavt^s  tlu;  artisan  in  idlciiL'ss. 
'I'liis  is  the  liistoiy  of  a  tliousaiid  atti'injjts  already 
made,  and  thousands  yet  to  ht;  made — for  strii\es  anil 
l)Hnd  stupidity  are  not  to  he  eradicated  at  a  stroke. 
And  we  may  rest  assund  that  tor  some  time  y«'t,  and 
until  human  nature  is  somewhat  changed,  eajiital  will 
continue  to  take  advantaLjo  of  the  necessities  of  lab(»r, 
and  lahor  of  tlie  necessities  of  capital,  each  as  it  has 
the  oi)i)ortunity  and  the  power. 

Now  as  ieiL«ards  lahor  and  wages.  The  ai'i>ument 
of  many  is  hased  upon  the  doctrint'  that  lahor  is  a 
<'urse,  cheap  lahor  dc'i^radin^^".  l^n(juostionahly,  hinh 
wai-es  are  hetter  Ibr  the  lahoi'iii'jj  man  than  low 
waj^i's;  Just  as  hin'h  interest  on  money  is  bettor  for 
tlie  c:ij)italist  than  low  interest.  Ili^h  wa^'os  and 
hi}.l,h  interest  are  sii>niHcant  of  the  material  prctsperity 
of  a  coiiuinmity;  and  material  ])rosperit\',  especially  in 
new  rountiies,  where  society  is  formini^  and  the  founda- 
tions of  j)i()sperity  are  beint^'  laid,  is  di'siral)le.  A\'heri' 
food  is  cliea[),  with  hi^h  wa^es  tlu;  laborini;"  man  can 
better  provide  for  hiuiself  and  family,  with  something 
to  spare  for  recreation  and  culture.  It  is  better  for 
all  concerned  that  labor  should  l»e  well  paid;  the  well- 
being  of  society  is  eidianeed  thereby.  J^ut  we  must 
not  fDroct  that  high  and  low  wages  are  lelativc  terms. 
The  price  of  labor  caiuiot  always  be  measured  arbitra- 
rily by  money;  labor  is  liiLjh  or  low  according;'  as  it 
.stands  with  regai'd  to  the  price  of  food  and  rents. 
Ten  dollars  a  day  for  car[»enters  in  California  in  ISoO, 
considering  the  cost  of  liying,  was  not  liigher  wages 
than  five  dollars  a  day  in  ISGO.  Further  than  this,  we 
should  not  foi'get  that  the  price  of  labor  can  no  more 
be  regulated  by  legislation  or  leagues  than  the  rain 
su[)ply.  What  would  we  think  of  a  body  of  men 
assembled  as  law-makers,  or  as  reformers,  arbitrarily 
declaring  in  1850  that  carpenters  should  work  for  five 
dollars  a  day,  and  in  18(!0  that  they  should  receive 
ten  dollars?     Wages  cannot  be  regulated  by  rule,  any 


SUBDIVISION  OF   roWKR. 

more  tliaii  can  *^  ■>  ti<K>s;  tliry  arc  i,'(>vorno(l  hy  tlie 
iii('Xoral)l(3  law  li'p'y  '^'"^  dt'iniuid. 

A  AV(.ll-()r^iiiiiz(<l  society  demands  a  suhdivision  of 
lal)t>r  and  a  siilxiivisioii  of  |)(»\ver.  Money,  mind,  and 
mu>cle  are  all  power.  In  retui'u  for  liis  hihoi',  tl.o 
M'orkuian  rc'ceivt'S  a  soeui'cd  sliare  of  tlie  j^aiiis  for 
which  the  iMnpIoyer  lias  ventured  his  means,  iMierny, 
and  skill.  On  thtist^  '^ains  dopiMid  tho  waj^-es  iy\'  tho 
lahorer;  and  it  is  therefon^  to  his  intei'est  that  capi- 
tal slmuld  be  secure,  lor  caj)ital  promotes  lahor,  Avhilo 
lahor  increases  ca[>ital.  How  ahsurd  is  the  fallacy 
for  men  dependent  on  capital  to  waufo  war  thereon,  as 
if  l>y  d.issipatin<4  or  de;j,ra(lini^  it  they  would  elevate 
themseK'es  and  hetter  their  condition!  "^Palk  of  tho 
cold-liloodcd  selfishness  of  capital;  what  can  he  more 
inhuman  and  heartless  than  the  policy  of  trades  unions 
and  lahor  societies,  which  hy  exclusion,  cond»inations, 
and  resti'ictions  drive  thost;  poorer  than  tliemselves 
from  all  desirahle  emplovnuMit,  an<l  forci;  them  to  live 
on  tho  ra(''n('d  etliie  of  dehasiiiLT  servitude? 

]jah'>r  sti'ikes  an;  not  as  a  rule  successful;  for  even 
wher  oital  succumbs,  the  tlirect  and  imlirect  cost 
of  tl  "ike  counte-rbalances  the  results  of  tho  vic- 

toiy.  It  i.s  an  axiom  of  political  econ(»my,  as  well  as 
of  the  moral  law  of  freedom,  that  no  artilicial  regu- 
lation of  [)rices  and  waives  is  politic,  ri^ht,  or  ert'eetivo, 
although  ca[)ital  may  for  a  time  yield  to  tlu^  immedi- 
ate expt>dient.  The  continued  migration,  aided  hy 
ready  means  of  communication,  and  the  raj>id  growth 
of  population  in  a  prosperous  country,  tend  to  lower 
wages.  It  is  unreasonable  to  expect  employers  to  pay 
two  dollars  for  what  is  oflcred  at  one,  while  the  work- 
ing classes  persist  above  all  other's  in  seeking  the 
cheapest  market.  1'h(\v  camiot  do  it,  for-  competition, 
pr-ompted  by  the  pressure  of  labor  itself,  does  not  en- 
able them  to  receive  or  pay  moiv  than  the  mar'ket 
value.  Too  often  the  laboriuLj  man,  unal)lo  to  see  fai* 
beyond  his  nose,  places  his  welfare  in  the  hands  of 
some    designing  demagogue,  who  raises  himself  by 


i\ 


703 


THE  LABOR  AGITATION  OF  1877-8. 


casting  others  clown.  What  said  the  laboring  man 
when  steam  came  to  do  his  work?  Despite  the  well- 
proved  fact  that  the  use  of  machinery  results  ulti- 
mately to  the  advantage  of  the  poor  in  particular,  by 
cheapening  the  necessaries  of  life  and  making  luxu- 
ries more  accessible,  it  is  not  easy  to  persuade  the  few 
to  undergo  a  brief  privation  for  the  general  good. 
Even  the  United  States  is  not  free  from  the  short- 
sii»lited  hatred  of  labor-savin<;  imichines.  In  June 
1877,  the  farmers  of  Ohio  received  threatening  com- 
munications, forbidding  them  to  procure  such  machin- 
ery, particularly  self-binding  reapers,  under  i)ain  of 
having  their  grain  and  imjjlements  destroyed. 

The  assertion  that  une(jual  distribution  of  wealth 
forms  the  essential  weakness  of  a  nation  is  not  alto- 
gether borne  out  by  facts;  for  the  English  are  to-day 
most  flourishing  and  mightier  than  ever,  and  yet  the 
existence  side  by  side  of  extreme  poverty  and  wealth 
is  more  marked  among  thcJii  tlian  elsewhere  in  Europe. 
The  advance  of  civilization  does  not  api)ear  to  dimin- 
ish the  concentration  of  wealth.  No  country  can 
claim  a  more  generally  disseminated  culture  than  the 
United  States;  yet  the  mass  of  jiroperty  lodged  in  a 
few  hands  is  immense.  Like  seeks  like,  and  capital 
associates  to  carry  on  vast  undertakings,  as  railroads, 
canals,  teli'graph  lines,  banks.  The  feature  of  associa- 
tion <'i'()ws  strouijfer  with  advancino'  culture,  and  be- 
conies  powi'rful  enough  even  to  counteract  the  law  of 
supply  and  demand,  since  combination  defeats  com[)e- 
tition.  Isolation  breaks  down,  and  men  combine  into 
firms,  societies,  and  corporations.  Awakening  from 
the  stupor  in  whicli  feudal  and  hierarchic  domination 
had  so  long  kept  them,  the  masses  have  become  alive 
to  tiie  importance  of  combining  their  power  and 
means,  antl  the  result  has  been  tlie  formation  of  be- 
nevolent societies,  trudes  unions,  and  building  associa- 
tions, which  ail  aim  at  the  debarment  of  poverty,  the 
accumulation  of  wealth,  and  the  protection  of  labor 
against  the  encroachments  of  capital. 


the 
fuc 
tlie 
pcn< 
slow 
lar) 
uni( 
l>eri 
it  n 
])r(  )'j 
clas 
togi 
hap 
1. 
to  a 


WORK,  RECREATION,  ANT)  SLEEP. 


701 


Trades  unions  in  America  have  not  met  witli  the 
success  hoped  for,  because  the  need  of  sucli  associations 
not  liaving  as  yet  l)ec()me  generally  felt,  no  very  effect- 
ive combinations  have  been  made.  The  most  tiour- 
ishing  has  on  its  roll  less  than  one  third  of  the  members 
employed  in  its  trade.  One  of  their  chief  aims  is 
tlie  reduction  of  working  hours  so  as  to  accord,  as  the 
favorite  expression  has  it,  with  the  rules  of  Alfred  the 
Great,  who  divided  t'le  day  into  three  equal  parts,  for 
work,  recreation,  Jiiid  sleep.  In  England  many  unions 
have  enforced  nine  working  hours  per  dav,  and  in 
Australia,  eight  hours;  but  in  America  the  ten-hour 
system  is  the  rule,  for  the  eight-hour  regulation  by 
the  government  is  not  well  observed  by  contiactors. 
The  laboring  man  has  the  right  to  refuse  to  work  more 
than  eight  hours  a  day,  or  four,  or  two  hours;  but  is 
it  not  folly  to  imagine  that  a  manufacturer  can  afford 
to  pay  as  nmch  for  five  hours'  wt)rk  as  for  ten  '. 

An  im[)ortant  feature  of  association  is  tin;  coopera- 
tive societies,  which  seek  to  displace  the  wage  system, 
secure  more  direct  dealings  between  producers  and 
consumers,  save  the  profits  given  to  middle-men,  and 
cfl'ect  a  more  equal  distriljution  of  wealth.  I>y  the 
establishment  of  cooperative  stores  the  consumer  is 
the  gainer,  and  by  the  establishment  of  cooperative 
factories,  the  producer;  the  workingman  gains  not  only 
the  ]iroHts  which  passed  to  the  employer,  but  inde- 
pendcMice.  The  growtli  of  this  system  is  naturally 
slow,  owing  to  the  difliculties  encountercnl  among  a 
large  number  of  partners,  with  small  means;  but  as  this 
union  of  capital  and  labor  is  the  very  essence  of  pros- 
perity— the  main  impulse  to  general  advancement — 
it  merits  tlie  su[)[M)rt  of  the  citizen.  The  course  of 
progress  has  been  to  the  gradual  elevation  of  tlie  lower 
classes  and  the  equalization  of  society ;  and  bi'inging 
together  producers  and  consumers  tends  toward  this 
happy  consummation. 

In  j)olitics,  also,  the  lower  classes  have  been  admitted 
to  a  lai'ger  share,  but  the  eijualization  has  not  been  on 


V 


% 


i 


702 


THE  LABOR  A(iITATION  OF  1877-8. 


the  same  scale  in  all  countries;  and,  conscious  of  their 
jj^ro\vin;j;  power,  the  working-  classes  have  become  im- 
])atient  under  the  yoke  where  it  presses  too  hard. 
Under  the  influence  of  undigested  speculation,  built  on 
the  theoretic  Utopias  which  have  been  ])lanned  by 
l*lato,  More,  and  other  philosophers,  agitators  have 
risen  among  the  working  classes,  and  proposed  reforms 
ill  the  social  order  in  a  more  or  less  revolutionary 
manner.  The  origin  of  these  movements,  carried  on 
by  communists,  socialists,  nihilists,  and  international- 
ists, is  to  be  found  in  those  countries  where  an  aris- 
tocracy of  title  and  wealth  has  combined  to  keep  the 
classes  below  them  from  rising  out  of  their  dependent 
condition.  Toil  is  there  too  exacting,  and  wages  too 
low,  to  enable  the  workers  to  readily  assume  a  firm 
stand  against  o[»i)ression,  for  this  requires  some  means 
and  leisure.  Luxuries  are  out  of  the  question;  and 
wJien  comparing  their  life  with  that  of  the  ricli,  it  is 
no  wonder  that  they  complain,  listen  to  incendiary 
ex])ressions,  and  become  reckless.  They  have  nothing 
to  lose  by  a  change,  but  everything  to  gain.  C'om- 
nmnism  is  not  repulsive  in  its  main  Features.  Christ 
advocated  it,  as  reformers  liave  done  before  and  since; 
but  society  was  not  ripe  for  the  change,  and  is  not  yet. 
Extreme  comnmnism  is  im})ossible,  however ;  and  yet 
it  cro[)s  out  whenever  business  depression  creates  more 
than  usual  distress.  It  is  then  that  the  contrast 
between  poverty  and  wealth  becomes  more  glaring, 
and  causes  a  natural  l»ang  of  envy.  The  possession 
of  gtMiius  creates  the  same  admiration  and  longing  in 
the  minds  of  the  less  giftetl,  yet  they  cannot  be  so 
endowed,  (jtenius  and  energy  will  acquire;  tlie  dis- 
tinction and  wealth  which  stulted  minds  and  indoKiice 
cannot  obtain.  For  the  latter  to  claim  an  ecpial  share 
with  the  former  is  unjust;  to  accord  it  would  b(^  to 
banish  etlbrt,  check  ])rogress,  and  return  to  barbarism. 
Yet  even  the  savage  acknowledges  the  ri^ht  of 
acquisition. 

In   the   United   States,  where   prosperity   is  more 


COMMUNISM  UNAMERICAN. 


general,  chances  more  equal  in  the  struggle  for  wealth 
and  honors,  and  oj)enings  in  life  more  plentiful  than  in 
Europe,  the  premium  for  energy  and  skill  is  larger, 
and  connnunism  has  small  prospects  of  obtaining  a 
footing.  Nevertheless,  the  love  of  luxury  and  osten- 
tation has  spread  rapidly  among  tlie  prosperous,  and  . 
is  widening  the  gap  between  the  classes.  The  greed 
of  capitalists  and  politicians  has  sought  to  grasp  all 
means  for  the  furtherance  of  these  vices,  and  has  im- 
mersed public  institutions  in  a  pool  of  corruption.  The 
consequence  is  a  wide-spread  tliscontent,  wliicli  luis  at 
times  assumed,  an  alarming  expression.  But  some  of 
our  journalists  have  been  too  prone  to  attribute  every 
labor  excitement  to  communism.  An  organization  of 
this  class  in  Chicao'o,  numberinsj^  h'ss  tluin  100  mem- 
bers,  was  magnified  into  colossal  propt»rtions.  Tlic 
outcry  against  tliem  caused  the  A^cw  York  Tribune  to 
investigate  the  matter.  Some  of  its  reporters  joined 
the  commune,  and  found  that  the  New  York  sections 
embracc^d  less  than  800  members,  and  tlie  six  Jh'ook- 
lyn  sections  500.  Tlius,  in  tlie  very  liot-bed  of  Ameri- 
can comnmnism,  not  over  1,J{00  adherents  W(,ie  found, 
of  whom  nearly  1,000  were  (jlermaiis,  100  Americans, 
and  the  rest  cliieHy  Frenchmen, 

The  business  stagnancy  of  which  wcn-kingmen  com- 
plainetl  Wfis  caused  by  the  over-production  into  which 
manufacturers  were  led  by  the  excitement  of  a  previ- 
ous industrial  ini])ulse,  and  by  c()m[)etiti»)n.  The  mar- 
ket was  overwhelmeil,  and  a  reaction  took  place,  which 
obliged  them  to  retrench.  Under  the  consiMimiit 
pressure  of  distress,  the  laboring  class  became  more 
observant  of  the  social  and  political  evils  around  thcMU. 
In  California  there  were  special  reasons  ibr  discon- 
tent in  the  cheap  competition  of  Chinese  labor,  which 
reduced  the  chances  and  enrninu's  of  woikinjuien, 
while  it  strengthened  the  ])()wer  and  added  to  the 
Wealth  of  capitalists.  A  further  cause  for  com|»laint 
was  th(!  enormous   monopolization  of  land   by  ;i   lew 


,'  II  i: 


704 


THE  LABOR  AGITATION  OP  1877-8. 


men,  who,  by  refusing  to  utilize  it  or  distribute  it  at 
fair  prices,  kept  back  from  the  masses  a  legitimate 
opening  for  work  and  prosperity.  The  healthy  desire 
for  country  life  was  not,  perhaps,  so  strong  as  might 
be  wished,  owing  to  the  nervous  strife  for  speedy  en- 
richment, and  the  growing  attractions  of  city  life. 
Another  reason  was  to  be  found  in  the  want  of  accom- 
modation on  farms  for  hired  men,  wlio  were  not  treated 
with  the  same  consideration  as  in  Xew  England.  The 
detestation  of  country  life  was  shared  by  the  tramp, 
who  neglected  the  advantages  of  a  genial  climate  and 
farm  liospitality  in  order  to  idle  in  the  towns.  In 
San  Francisco  the  mania  for  stock-ganiblini;  created 
much  distress,  by  breaking  up  the  homes  of  thousands, 
and  dissipating  the  savings  of  years,  all  to  add  to  the 
wealtli  of  capitalists  who  themselves  had  held  out  the 
deceptive  bait. 

That  real  destitution  existed  is  undoubted,  although 
not  in  such  severity  as  in  the  older  states.  In  187G 
the  San  Francisco  Benevolent  Association  disbursed 
810,000  for  the  relief  of  over  7,000  persons,  whose 
monthly  average  varied  from  540  in  May  to  GGO  in 
December.  In  May  1877  over  1,000  were  rclie^^ed, 
and  in  Februarv  1878  the  association  and  the  churches 
fed  over  2,000  persons  daily.  After  this  the  number 
decreased  with  the  larger  supply  of  work,  the  number  of 
unein])loyed  persons  up  to  this  time  having  been  esti- 
mated at  15,000  in  San  Francisco  and  2,000  in  Sac- 
ramento. The  masses  attributed  the  distress  to  the 
encroachment  of  Mongolians  on  tlie  various  branches 
of  trade.  Cigar-makers,  for  instance,  had  been  almost 
annihilated  by  them;  and  shoemakers  represented  that 
the  Chinamen  in  the  trade  outnumbered  them  by  four 
to  one;  that  two  thirds  of  their  1 ,200  Caucasian  breth- 
ren were  unemployed ;  and  that  their  earnings  had 
fallen  from  an  average  of  $25  a  week  in  1870  to  $1) 
in  1878.  Ill  January  1878  two  thirds  to  three  fourths 
of  the  5,000  carpenters  and  cabinet-makers  were  said 
to  be  idle;  but  their  chief  grievance  lay  with  the  hard 


THE  ACilTATION  BREWING. 


ws 


times  and  the  convict  competition ;  and  concerning  the 
latter  thev  remonstrated  witli  the  legislature. 

The  associations  of  workingmen  seeking  protection 
against  these  evils  were  probably  as  fairly  represented 
in  California  as  in  other  states,  and  previous  to  the 
agitation,  which  gave  them  a  fresh  impulse,  they  had 
on  their  rolls  nearly  one  third  of  the  members  belong- 
ing to  the  various  trades.  In  the  middle  of  1877, 
wlwn  the  agitation  began,  there  were  more  than  25 
trades  unions  in  San  Francisco,  with  about  o,500 
meml)ers,  the  most  compact  group  being  presented  by 
those  connected  with  the  ship-building  and  shipping 
trades.  Several  of  the  unions  were  branches  of  na- 
tional and  international  associations.  Their  chief  elibrts 
were  of  course  directed  against  Chinese  and  convict 
competition,  but  they  sought  also  to  restrict  the 
admission  of  apprentices,  to  limit  contract  labor  as 
destructive  to  good  workmanship  and  leading  to  over- 
work and  ill  feeling,  and  to  reduce  the  daily  hours  of 
labor  to  eight.  The  latter  measure  had  in  view  not 
only  the  necessary  leisure  for  culture  and  recn.'jitioi), 
but  the  opportunities  it  would  afford  to  give  enqiloy- 
mcnt  to  more  persons. 

Occupied  with  trade  grievances,  the  efforts  of  the 
working  classes  had  assumed  no  decided  political  phase, 
beyond  holding  meetings  on  the  Chinese  question,  and 
petitioning  the  legislature  and  coui^ress  for  redress. 
The  failure  of  these  efforts  exposed  to  them  their 
weakness,  in  the  political  arena.  They  had  left  the 
government  chiefly  to  men  of  leisure,  only  to  find  their 
(•oiifi<lence  abused.  It  is  idle  to  assert  that  the  work- 
ingnien  had  no  grievances,  or  their  leaders  no  ground 
tor  complaints,  which,  however,  too  often  assumed  a 
threatening  tone.  Corruption  had  crept  into  evi'iy 
(le[)artment  of  government;  nepotism  had  bt'cn  re- 
(hieed  to  a  system,  official  peculation  to  a  science. 
Almost  any  bill  could  be  lobbied  through  the  legisla- 
ture with  the  aid  of  briber}';  grants  and  sul>sidies 
eould    bo    purchased;    and    mon»)polies   could   obtain 

Pop.  Tuiii.,  Vol.  U.    46 


706 


THE  LABOR  AGITATION  OP  1877-8. 


privileges  at  the  public  expense,  while  the  masses  wore 
burdened  with  a  tax  that  swallowed  forty  per  cent 
of  the  income  of  a  small  propert\-,  and  obliged  tlie 
average  citizen  to  work  one  third  of  his  time  for  a 
government  which  recklessly  sank  the  money  in  use- 
less salaries,  subsidies,  and  peculations.  The  working 
classes  became  convinced  of  the  necessity  of  a  more 
organized  action  to  obtain  a  hearing  for  tlieir  i>riev- 
anccs.  At  this  time  came  the  news  of  the  railroad 
strikes  in  the  east,  crowned  l)y  the  Pittsburg  riot, 
the  result  of  a  reduction  in  wages  consequent  on  busi- 
ness depression.  The  representatives  of  labor  met  on 
July  21,  1877,  to  discuss  the  matter,  and  called  a  mass- 
meeting  for  the  23d,  on  the  sand-lot  in  front  (jf  tlic 
new  city  hall.  In  view  of  the  eastern  tragedies,  tlic 
police  took  precautions,  and  the  national  guard  assem- 
bled at  their  armories.  James  F.  De  Arcv,  oroanizi  r 
of  the  workingmen's  party  of  the  United  States,  pre- 
sided, and  spoke  on  the  struggle  between  capital  and 
labor,  regretting  that  it  had  resulted  in  an  appeal  to 
arms.  The  fault  lay  with  political  leaders,  who,  en- 
slaved by  monopolists,  had  neglected  the  interests  of 
the  country  for  the  sake  of  office.  There  were  three 
millions  of  unemployed  persons  in  the  United  States, 
The  great  cause  of  trouble  was  the  length  of  the  daily 
working  term,  which  excluded  a  large  number  fioiii 
sharing  in  the  labor;  hence  the  eight-hour  law  should 
be  enforced.  At  this  moment  an  anti-coolie  procession 
came  up,  and  a  man  in  the  crowd  called  for  the  aj)- 
]X)intment  of  a  committee  to  wait  on  the  Cential 
l*acitic  Ra'ilroad  Company,  and  ask  that  their  Chinisc 
em}»loyes  be  replaced  by  white  men.  Do  Arcy  ii- 
l)lied  that  they  had  assembled  to  discuss  the  labor 
question,  not  the  coolie  evil.  After  a  few  more 
speeches,  resolutions  were  passed,  expressing  sympn- 
tliv  for  those  who  had  been  shot  in  defence  of  laboi'; 
tlie  grasping  policy  of  the  moneyed  and  governing 
classes  was  condenmed  as  the  cause  of  the  depressimi 
in  business;  no  further  subsidies  should  be  granted  to 


ANTI-COOLIE  RIOT. 


707 


steamship  and  railroad  lines;  the  military  should  not 
be  employed;  the  reduction  in  waives  was  a  part  of 
the  conspiracy  for  the  destruction  of  the  republic ;  the 
non-enforcement  of  the  eiuht-hour  law  had  overloaded 
the  labor  market;  the  <:rovernment  should  take  im- 
mediate steps  to  remedy  the  evil,  and  should  condemn 
to  public  use  all  the  railroad  property  in  disaffected 
districts,  allowing  the  owners  a  fair  compensation. 

During  the  session  of  this  meeting,  an  anti-coolie 
club  formed  a  platform  near  by,  and  gave  rise  to  a 
riot,  which  in  course  of  this  and  the  two  following 
eveniiiijs  resulted  in  the  destruction  of  a  larore  nundicr 
of  Chinese  wash-houses,  and  in  fights  between  the 
rioters  and  the  police,  aided  by  vigilants,  wherein 
several  persons  were  killed.  For  inunediately  u[)on 
the  outbreak  had  conic  to  the  rescue  of  law  and  order 
a  large  body  of  citizens,  as  a  safety  committee,  with 
William  T.  Coleman  at  their  head.  The  working- 
men's  associations  denied  the  insiimations  thrown 
out  auainst  them,  of  bein*;  connected  with  the  hood- 
lums,  thieves,  and  extreme  conununists  who  com- 
posed the  rioters,  and  large  immbers  responded  to 
the  call  which  the  president  of  tlie  safety  connnittee 
addressed  to  them.  The  associations  in  the  interior 
also  discountenanced  this  outbreak,  while  expressing 
sympathy  with  the  eastern  strikes;  and  no  other 
riots  took  })lace,  although  Oakland  found  it  prudent 
to  make  defensive  preparations.  A  meeting  of  about 
2,000  workingmen  liad  alarmed  the  town  by  passing 
resolutions  to  the  effect  that,  unless  the  railroad  coni- 
jDany  discharged  its  Chinese  employes,  much  damage 
might  be  done  to  its  pr(>[)erty. 

On  the  following  Sunday  the  clergy  took  up  the 
subject,  and  agreed  that,  while  the  laboring  classes 
had  cause  for  comjilaint,  they  had  been  hasty  and 
foolish  in  allowing  incendiary  language  to  carry  them 
to  extremes.  This  indirect  way  of  Itlaming  the  work- 
ingmen for  the  riot  naturallv  incensed  the  whole  class, 
and  their  expressions  regarding  the  overbeanng  vigi- 


4 

■* ! 

M 


iff 


m 


THE  LABOR  AGITATION  OF   IS77  8, 


liiiits  wore  I)}''  no  moans  flattering;  yet  the  charge  was 
juHtitied  to  a  certain  extent  by  the  expressions  of  sym- 
pathy with  the  rioters  in  the  east,  and  the  indiroct 
encouragement  given  to  the  San  Franeisco  rioters  by 
a  hiro;e  number  amonir  tliem.  Tlie  eastern  agitation 
liad  found  a  ready  echo  among  the  nmltitude  of  un- 
emphjyed  men,  at  least,  and  made  tliem  \vilhng  to 
unite  for  tlie  obtainment  of  remedy.  Tlie  Working- 
men's  Party  of  the  United  States  ap[)eared  to  be  a 
promising  organization,  but  since  the  Cahfornia  sec- 
tion coukl  not  act  independently  of  the  Chicago  centre, 
the  leading  spirits  resolved  to  form  a  distinct  party 
for  the  niunicipal  election  in  September.  Among 
these  men  was  an  Irish  draj'man,  named  Denis 
Kearney,  who  felt  inspired  to  regenerate  American 
affairs,  and  who  had  made  his  debut  a  few  months 
before  at  a  lyceum  for  self-culture,  and  subsequently 
as  member  of  a  committee  ap[)ointed  by  tlie  Draymen 
and  Teamsters'  Union  to  lay  certain  trade  grievances 
Ijefore  Senator  Sargent.  The  rather  ungracious  re- 
ception accorded  the  committee  excited  the  pugna- 
cious spirit  of  Kearney,  who  began  to  thrust  liim- 
self  forward  as  an  orator  at  other  meetings  besides 
those  held  by  his  own  union.  On  the  18th  of  August 
he  called  to  order  a  gathering  of  workingmen,  at 
which  arrangements  were  made  to  organize  a  party. 
This  hold  a  session  four  days  later  as  the  Working- 
men's  Trade  and  Labor  Union,  at  which  J.  G.  Day 
was  cliosen  president,  and  Kearney  secretary;  l)ut  no 
effective  oroanization  resulted.  In  the  same  month  a 
convention  of  workingmen  met  at  Sacramento,  and 
ado|)ted  resolutions,  of  which  the  following  may  be 
regarded  as  leading  political  principles  of  the  class: 
the  abolishment  of  all  national  banks,  and  withdrawal 
of  all  present  bank  currency  in  favor  of  full  legal 
tenders  issued  only  by  the  United  S^:ates ;  exemption 
of  (1,000  from  tax  and  execution  upon  every  home- 
stead; all  property  to  be  assessed  at  full  value,  and  tlic 
percentage  of  taxation  graduated  from  one  to  ten;  the 


mg 


THE  WORKIXCiMEN'S  PARTY. 


700 


unconditional  abrogation  (>f  the  Burlingame  treaty ; 
the  fees  of  oftice-lioltlers  to  l)e  reduced  to  the  prices 
paid  for  skilled  labor.  The  dctennined  fe«'ling  jiinoiig 
the  workin!>nien  to  seek  reform  roused  Ktariiev  and 
his  associates  to  renewe<l  efforts,  and  on  September 
12tli  a  meeting  of  unemployed  men  was  held,  at 
which  Day  presided.  Afu-r  recommending  tht;  es- 
tablishing of  soup-kitchens  to  relieve  the  hungry,  n-so- 
lutions  were  ado})ted  :  "Whereas,  the  contending  |H>Hti- 
cal  parties  of  the  country  having,  through  lack  of 
principle  or  of  statesmanshij),  failed  to  mint  the  gi'ow- 
ing  wants  of  this  rapidly  developing  country:  and 
whereas,  their  past  liistory  furnishes  no  jioints  of 
honesty  whereon  the  woikinguien  can  hang  any  hojjcs 
of  their  future  good  behavior;  tlusrcfore,  be  it  re- 
solved, that  the  workingmen  sever  all  altiliations  with 
existing  political  parties,  and  do  hereby  organize,  for 
the  })urpose  of  good  and  e(iuitable  government,  a  new 
party,  to  be  called  the  Workingmen's  Party  of  (Cali- 
fornia, having  in  view  the  following  reforms  in  politics : 
First,  the  abolition  of  all  assessments  on  candidates 
for  office;  the  people  t(t  own  the  offices,  not  the  in- 
cumbents. Second,  holding  state  and  nmnicipal 
officer's  to  a  strict  accountability  for  all  their  oflicial 
acts.  Third,  the  establishment  by  the  stat(!  of  a  bu- 
reau of  labor  and  statistics.  Fourth,  the  innnediato 
reduction  and  periodical  regulation  thereafter  of  tlie 
hours  of  lal)or.  Fifth,  the  creation  by  the  state  legis- 
lature of  a  convention  on  labor,  with  headcjuarters  in 
San  Francisco." 

This  was  the  beginning  of  the  party  which  was  soon 
to  become  a  i)ower  in  San  Fiancisco.  The  j (reced- 
ing platform  was  but  a  base  on  which  the  leaders 
built  the  most  extra\agant  reforms,  tending  toele\ate 
the  poor,  overthrow  land  and  moneyed  niono[)oly,  and 
eject  the  Chinese.  These  sentiments  found  ready 
acceptance  among  the  class  who  envied  the  ailstocrat 
rolling  in  wealth  gathered  by  thi  ir  hands,  who  hated 
the  encroaching  Chinaman,  who  detested  the  politician 


!i    i 

Hi 


710 


THE  LABOR  AGITATION  OF   1877-8. 


as  a  betrayer  ami  parasite.  They  were  dazzled  by  the 
ghtterin^  prospects  which  rose  before  thtiiii  hke  a 
uiiraij;*!  depicting  shady  groves  and  cool  fountains  to 
tli(j  exhausted  traveller  in  the  desert.  The  infection 
spitad ;  men  came  to  drink  of  the  fiery  harangue,  lull- 
ing themselves  in  Mattering  hopes;  tongues  were 
hxtsciK'd,  and  speakers  rose  one  after  another. 

On  the  Sumlay  following,  the  first  of  the  regular 
sand-lot  meetings  was  held.  The  attendance  was  small, 
but  a  more  successful  gathering  took  place  at  Union 
Hall  on  September  21st,  to  consider  means  for  the 
relief  of  the  unemployed.  State  Senator  Roach  made 
the  fiist  speech,  which  treated  not  only  of  the  Chi- 
nese evil,  hut  of  social  and  political  corruption,  and 
called  for  united  action  to  obtain  legislation  in  favor  of 
the  ])oor.  Kearney  added  the  forcible  hint  that  every 
workingman  should  get  a  musket,  and  that  a  little 
judicious  hanging  of  capitalists  was  needed.  The 
miiyor  was  appointed  to  receive  subscriptions.  At  the 
following  sand-lot  meeting,  ]^ay  was  chosen  president, 
and  Kearney  treasurer;  but  this  arrangement  was 
not  to  be  of  long  duration,  for  Day  was  too  temperate 
to  suit  the  rabble.  On  the  following  Sunday,  Kearney 
broke  out  in  the  course  of  his  speech  with  the  dec- 
laration that  San  Francisco  would  meet  the  fate  of 
^loscow  if  the  condition  of  the  laboring  classes  was 
not  changed;  they  had  bullets  and  other  means  to 
enforce  their  object.  Day  interrui)ted  him  by  saying 
that  lie  would  not  preside  at  a  meeting  where  such 
measures  were  countenanced,  but  he  was  yelled  down. 
A  portion  of  the  audience  thereupon  resolved  to  hold 
a  separate  meeting. 

Kearney  made  his  arrangements  accordingly,  and 
on  the  5th  of  October  150  agitators  met  to  eft'ect  a 
permanent  organization  of  the  workingmen's  party. 
Denis  Kearney  was  chosen  president,  J.  G.  Day 
vice-president,  H.  L.  Knight  secretary,  and  several 
others  were  placed  on  the  executive  committee.  The 
committee  on  constitution  and  by-laws  submitted  the 


1)K(  LAllATIOX   OF   riUNCirLES. 


'M 


following  piiiK'iplo.s,  ^vlli(•ll  wore  adoptetl  after  a  fierce 
(lel)ate:  "The  object  of  tl)id  association  is  to  unite 
all  poor  ami  working  men  and  their  fiiends  into  one 
political  ]>arty,  for  the  purpose  of  defending  tlieni- 
selves  against  the  dangerous  encroachments  of  capital 
on  the  hapj)iness  of  our  people  and  the  liberties  of 
our  country.  We  propose  to  wrest  the  government 
from  the  hand-;  of  the  rich,  and  place  it  in  those 
of  the  people,  where  it  properly  belongs.  We  pro- 
pose to  rid  the  country  of  cheap  Chinese  labor  as  soon 
as  possible,  and  by  all  the  means  in  our  power,  because 
it  tends  still  more  to  degrade  labor  and  a<jf<*Tan- 
i\he  cajtital.  We  propose  to  destroy  land  monopoly 
in  our  state  by  such  laws  as  will  make  it  im[)()S- 
sible.  We  propose  to  destroy  the  great  money  power 
of  tJie  rich  by  a  system  of  taxation  that  will  make 
great  wealth  impossible  in  the  future.  We  propose 
to  provide  decently  for  the  poor  and  unfortunate,  the 
weak,  the  helpless,  and  especially  the  young,  because 
the  country  is  rich  enough  to  do  so,  and  religion, 
humanity,  and  patriotistn  demand  that  we  should  do 
so.  We  propose  to  elect  none  but  competent  work- 
ingmen  and  their  friends  to  any  otiice  whatever, 
Tlie  rich  have  ruled  us  till  they  have  ruined  us.  We 
wnll  now  take  our  own  affairs  into  our  own  hands. 
The  republic  nmst  and  shall  be  preserved,  and  only 
workingmen  will  do  it.  Our  shoddy  aristocrats  want 
an  emperor,  and  a  standing  army  to  shoot  down  the 
l)eople.  For  these  purposes  we  propose  to  organize 
ourselves  into  the  Workino'men's  Partv  of  Calitoniia, 
and  to  i)leds'e  and  enroll  therein  all  who  are  willing 
to  join  us  in  accomplishing  these  ends.  When  we 
have  10,000  members,  we  shall  have  the  sym[)at]iy 
and  sujjport  of  20,000  other  workingmen.  The  party 
will  then  wait  upon  all  who  employ  Chinese,  and  ask 
for  their  discharge;  and  it  will  mark  as  public  enemies 
those  who  refuse  to  comply  with  their  request,  Tiiis 
party  will  exhaust  all  peaceable  means  of  .attaining  its 
ends,  but  it  will  not  be  denied  justice  when  it  has 


ns 


THK  LABOR  ACilTATION   OF   1877-8. 


power  to  (Miforco  it.  It  will  enoourago  no  riot  or  out- 
rage, but  it  will  not  volunteer  to  repress  or  put  down, 
or  arrist  or  proseeute,  the  hungry  and  impatient  who 
inai:itfst  their  hatred  of  the  Chinaman  hv  a  crusade 
aj^ainst  John  or  tiioso  who  employ  him.  Let  those 
who  raise  the  storm  hy  their  selti.shness  su[)press  it 
themselves.  If  they  dare  raise  the  devil,  let  them 
meet  him  face  to  face.      We  will  not  help  tiuni." 

All  this  was  to  be  done  on  principles  which  should 
raise  the  working  class  at  the  expense  of  every  other. 
And  after  this  tlie  Sunday  meetings  assumed  greater 
strength,  while  clubs  began  to  form  in  every  ward 
under  the  active  superintendence  of  the  leaders.  Al- 
though language  was  freely  hidulged  in  which  could 
only  serve  to  encourage  the  hoodlum  class,  yet  a 
calm  resolve  appeared  to  have  taken  possession  of  the 
]»arty  to  strive  for  the  nuiin  object,  and  to  <liscourage 
any  wantt)nness.  The  man  Kearney  was  the  leading 
spirit  at  every  gathering,  and  spoke  every  night  at 
one  or  mure  of  the  meetings  held  in  different  wards, 
urging  unity  of  purpose,  and  the  formation  of  military 
companies  wherewith  to  intimidate  their  o|»[»ressors. 
It  is  but  just  to  say  that  the  incendiary  harangues 
were  little  else  than  the  overflow  of  an  excited  brain, 
serving  to  enliven  the  monotony  of  political  s[)eeches; 
thev  resulte<l  in  nothinjjf  more  than  a  nu)mentarv 
a  iplause,  and  tlie  orderly  behavit)r  of  workiiigmen  at 
elections  and  demonstrations  proved  that  the  rough 
clement  was  not  large  among  them. 

It  is  diflieult  to  say  by  what  means  Kearney  man- 
aged to  gain  control  over  the  masses,  unless  it  was 
due  to  a  strong  faculty  for  organization,  and  to  the 
slirewdness  and  quickness  of  perception  [leculiar  to 
Irishmen.  He  was  a  very  ordinary  looking  man,  this 
kmg  of  the  laboring  class,  below  the  medium  height, 
compact  in  build,  with  a  rather  broad  head,  slight 
mustache,  quick  but  lowering  blue  eye,  and  a  nervous 
temiieranient — born  February  1.  1847,  at  Oakmount, 
County  Cork,  Ireland,  the  second  in  a  i'amily  of  seven 


KKAIINKVS  CONTROL  OF  THE  MASSKS. 


-n 


boys.     His  fatlicr  diod,  and  at  tho  ajn^e  of  olt>vo!i  lie  went 
to  sea  as  ('jil)in-l)oy,  sailinij  t'liioHy  under  tlio  Anietican 
flay;.      He  gained  rapid  promotion,  so  that  on  arriviniL;; 
at  San    Fianeisro  in   1808  lie  was  first  oflict  r  of  the 
eh[)[ter  whip  Shoofun/  Star,  a  position  retained  hv  liini 
on  several  coast  steamers  tor  four  years.      'J'lu  iiahit 
of'eomiiiandinjjf  thusaenuired  proved  of  service  to  liim 
as  a  leader,  althouiifh  his  inelination  todominet)-  led  to 
l"re(|U('nt  ruptui'es  with  other  offieers.     With  indnstrv 
and  tcnipcranee  ho  saved  money,  and  in  I87l'  hou^dit 
a(hayiiijjf  husiness,  in  whieh  he  prospered  until    1877, 
when  tlie  merehants  withdrew  their  patr^)nat;e  hecauso 
of  his  connection  with  the  a<^itation.     Althoii<ih   he 
appealed  to  his  lollowers  to  support  him,  and  diew  i^'AO 
a  month  from  the  collection  taken  up  at  the  Sunday 
nieetint>s,  it  is  said  that  he  was  not  devoid  of  means. 
He  married  in    1870,   and   had   several   children,   all 
trained  in  the  catholic  faith  like  his  parents,  although 
he  himself  had  little  relij^ion.     He  was  naturalized  in 
1870.     In  speech  earnest  and  forcible,  partaking-  of  the 
epi;4rammatic,  and  showing  a  suhattering  of  historical 
knowledge,  lu^  was  coarse,  neyertheless,  ungrammati- 
cal,  with  a  pronoun  jed  brogue,  and  shallowness  of  argu- 
ments and  tlu'j'.'l    .     His  ideas  of  politics  and  economy 
were  crude,  being  based  on  his  own  illogical  conci'its. 
For  example,  when  he  became  king  he  would  decree  a 
minimum  pay  of  three  or  four  dollars  a  day  for  any 
kind  of  labor,  the  expenditure  of  which  sum  was  to 
create  an  extraordinary  develo]mient  in  the  country. 
Every  man  should  have  his  cottage  and  a  few  .icres  of 
land.     Poverty  was  to  be  abolished,  and  accumulation 
of  large  wealth  prevented  by  laws  under  which  jnanu- 
facturers  and  traders  could  not  retain  more  than  a 
fixed  amount  of  profit,  the  surplus  to  be  devoted  to 
pui)lic  works  and  institutions.     He  assuuicd  the  right 
to  speak  at  any  public  meeting  as  the  representative 
of    the    workingnjcn.     Despite    his    tirades    against 
Chinese,  he  often  interfered  in  unprovoked  attacks  on 
that   race.     By   his   admirers   he   was   com[)ared   to 


714 


THE  LABOR  AGlTAriON  OF  1877-8. 


Xa])()lo<)n,  to  Ca3sar,  and  even  to  Clirist,  and  liis  vanity 
was  (|uite  otjual  to  the  eniei'*»'ency.  The  New  York 
Grajtinc  elevated  the  name  of  Ben  Butler  for  United 
States  j)resident,  and  Denis  Kearney  for  viee-presi- 
deiit,  the  latter  scarcely  detecting  the  covert  irony. 
He  fretjuently  expressed  himself  able  to  cH'ect  any- 
thing with  his  followers,  from  the  lynching  t)f  a  rail- 
way monopolist  to  the  destruction  of  a  city.  At  a 
mneting  in  December  1877,  he  promised,  in  thct  course 
of  his  customary  tirade  against  thieving  millionaires 
and  scoundrelly  officials,  "  If  I  don't  get  killed  1  will 
do  more  than  any  reformer  in  the  history  of  the  world. 
I  hope  I  will  be  assassinated,  for*  the  success  of  the 
movement  depends  upon  that."  "  Judge  Lynch,"  said 
the  rei'ormer,  on  another  occasion,  "is  the  judge 
wanted  by  the  workingmen  of  California ;  I  advise  all 
to  <>wi»  a  musket  and  100  rounds  of  amnmnltion."  This 
braggadocio  had  its  eft'ect  with  the  simi)le,  for  surely 
so  biave  a  talker  must  be  a  great  man.  The  [>romis- 
ing  aspect  of  the  movement  attracted  a  large  number 
of  Workingmen,  who  raised  the  party  to  power. 

J.  (I.  Da}',  the  vice-}tresi(k'nt  of  the  ])arty,  was  a 
Canadian  carpenter,  of  Irish  extraction,  fully  six  feet 
tall,  with  reddish  beard.  Like  Kearney,  he  was  a  tem- 
perate and  industrious  man,  with  a  connnon-school 
educatiitn,  but  with  good  and  rather  thoughtful  lan- 
guage, and  o[)p()sed  to  incendiary  harangues.  A  more 
j)rominent  member  than  Day  was  H.  L.  Knight,  the 
secretary,  short,  squat,  with  round  face,  twinkling 
eyes,  and  small  gray  nmstache.  He  came  of  a  York- 
shire i'amily  in  England,  with  a  .str«)ng  proeUvity  for 
reform*;,  almost  any  kind  being  better  than  none.  He 
ariived  in  America  in  1842,  and  became  a  citizen  in 
JVlissouri,  where  he  was  admitted  to  the  bar.  After 
serving  through  the  JMexican  war,  he  found  his  way 
in  18j2  to  California,  mined  till  1805,  gavi^  somtwit- 
tention  to  law,  and  finally  became  a  Bohemian  bum- 
mer. He  presided  at  one  of  the  first  republican 
meetings  in  Nevada  county,  and  served  in  the  work- 


THE  NOB  HILL  UK.MONS  1  RATIuX. 


715 


in!i2jiuoii's  cau.so  before  ji^iiiiui^  tlie  Kearney  in<»vement. 
Aiiioiin'  other  ]eailin»>'  members  mav  be  counted  an- 
other  Irislunen,  T.  li.  Bates,  house-i)ainter,  witli  (juite 
tlio  air  of  a  sportinj:^  man,  and  O'Donnell,  (juaek. 

At  first  the  movements  of  the  workinynien  (Hd  nf)t 
atti'act  tlie  special  atti-ntion  of  the  authoritit'S,  althou;j,h 
busini'ss  was  evidently  suffering  under  the  continual 
alarm  called  forth  by  rabid  sjteakers.  l^ut  on  the 
evening  of  October  iIDth,  about  2,000  workingmen 
held  a  threatening  demonstration  in  front  of  the 
houses  of  the  railway  men,  on  what  now  began  to  be 
called  Xob  Hill.  j3ontires  were  lighted,  with  the 
usual  fiery  speech,  interspersed  with  rough  jests  at  the 
ex|K'nso  t)f  the  august  offenders,  who  were  greatly 
alarmed.  Philos(»j)lier  l*ickett  was  there,  and  i»ro- 
posed  to  pull  down  a.  high  fence  thrown  aiound  the 
house  t)f  a  man  who  refusetl  to  sell  it  at  a  reasonable 
price  to  a  railroad  magnate  who  wished  to  exti-nd  his 
grounds  over  the  entire  block.  Kearney  checked  the 
movenitnt,  remarking,  however,  that  were  lie  to  give 
the  ordi'r  to  hang  the  railroad  man;  it  would  be  done. 
Instead  of  this,  he  suggested  that  on  tlie  ai'rival  of 
the  China  steamer,  2,000  men  should  march  to  the 
docks  and  throw  the  immiorants  overboard.  * 

Although  the  Nob  Hill  meeting  was  held  half  in 
sport,  the  men  of  that  place  did  not  like  to  hear  2,000 
rough  fellows  talk  of  hanging  them;  so  they  had 
JJenis  arrested  at  a  meeting  on  November  '.k\,  on  the 
ground  of  using  incendiary  language.  TIu^  desired 
martyrdom  seemed  near  at  hantl,  and  Dinis  (|uietly 
follov/ed  the  officers  to  prison,  waving  back  those 
among  the  crowd  who  would  attempt  a  resciu'.  The 
customary  sand-lot  meeting  was  forbidden  lor  the  fol- 
lowing dav,  Sundav;  the  militia  was  called  out,  and 
the  vi!>ilants  warned  to  be  on  the  alert. 

That  Sunday  was  an  anxious  day  in  8aii  Francisco. 
Despite  the  rain,  rough-h)oking  men  began  to  gather 
and  imlulge  in  rather  free  utterances,  and  finding  no 
other  [»luce  open  to  them,  they  hired  the  Agricultural 


'4 


71« 


THE  LABOR  ACJTATION  OF  1877-8. 


Hall.  Day  and  Knii^ht,  with  several  others,  wore 
arnistcd  on  the  platform,  while  more  temperate  speak- 
ers were  allowed  to  proceed  and  allay  the  excitement, 
whicli  at  one  time  threatened  riot.  Tlie  sup(>rvisors 
had  been  working  rather  tamely  in  the  movement  in- 
augiifatcd  a  few  weeks  before  to  relieve  the  distrt'ssed 
in  San  Francisco,  but  under  tlie  impulse  of  the  pres- 
ent excitenuint,  tlie  citizens  determined  to  act  with 
more  energy,  and  at  a  meeting  on  Xovember  oth, 
jnesidfd  over  by  the  mayor,  committees  weie  ap- 
])ointrd  to  canvass  the  city  for  subscri])tions.  About 
$l'0,0()()  was  collected,  of  whidi  some  $12,000  was  set 
aside  ibr  a  free  labor  exchange,  and  the  remainder 
distribtued  among  charitable  institutions.  The  ex- 
change was  opened  November  21st,  and  did  good  ser- 
vice. The  supervisors  issued  an  ordinance,  termed 
the  (jiibbs  gag  law— after  the  supervisor  who  intro- 
duced it — which  was  intended  to  check  incendiary 
s[)ee(li.  The  leaders  were  meanwhile  languishing  in 
prison  for  want  of  bail,  which  had  purposely  been 
placed  high.  This  was  regarded  as  an  atteiui»t  to 
punish  iiefore  convicting,  and  helped  to  cri'ate  sym- 
pathv  for  them.  Finally,  on  November  I4th,  itail 
was  obtained,  and  shortly  afterward  the  charge  against 
them  of  iiieenting  to  riot  was  dismissed,  despite  the 
rumoi-  that  the  vigilants  intended  to  hang  them  if 
they  wore  ac(]uitted.  During  imprisonment  t\\v  lead- 
ers addressed  a  letter  to  the  mayor,  stating  that  they 
had  been  unfairly  reported,  that  they  were  willing  to 
submit  to  any  wise  measure  to  allay  excitement,  iind 
that  they  would  hold  no  more  incendiary  or  outdoor 
meetings.  No  sooner  was  Kearney  at  liberty,  how- 
ever, than  he  resumi'd  the  customary  tirades,  assail- 
ing the  judges,  the  police,  and  the  gag  law,  and 
creating  iVesh  alarm.  On  Daj',  the  vice-president, 
iinprisomnent  had  evidently  a  dampening  effect,  ibr  he 
obierted  more  decldedlv  than  before  against  the  Itom- 
b;>st  of  his  colleague,  whose  rising  importance  and  as- 
sumption   had,    besides,    created    envy    and    disgust. 


TOO  MUCH  BRAINS  FATAL. 


rn 


Fiiuliii!:^  that  his  expulsion  was  ])r()l)al»It\  I^.iy  aw- 
iiouiic't'd  his  secession  November  '2Jth,  to  the  (!>li^i;t 
of  Kearney,  who  eoukl  brook  no  op})osition,  and  wlio 
had  intimated  that  too  mueli  brains  would  kill  the 
party.  As  a  wholesome  warninj^  to  otiier  nialeeon- 
tents,  he,  at  a  ward  nieetinj^,  moved  and  carriiil  amid 
acclamation  the  proposition  that  "it*  any  otlicer  or 
leader  in  the  workini>'men's  movement  hiijji^ed  hi  hind, 
or  ])roved  recreant  i  j  the  trust,  lie  should  be  hanged 
to  the  nearest  lamp-post." 

Keleased  from  prison,  Kearney's  chief  concern  was 
to  pre[)aro  for  the  Thanksgivinj^-day  parad<',  which 
had  been  decided  on  in  October.  To  collect  the 
necessary  funds,  subscription-lists  were  opened  and  a 
conci;rt  held.  At  this,  and  at  many  subsequent  enter- 
taimnents  by  the  workingmen,  a  farce  was  given  de- 
picting the  terror  of  the  railroad  men  during  the  night 
of  the  Nob  Hill  demonstration.  In  view  of  the  late 
excitement,  the  policy  of  permitting  the  jiarade  was 
much  discussed;  but  so  long  as  no  incendiary  features 
were  noticed,  the  authorities  could  not  well  oj^pose  it. 
Meanwhile  the  Asiatic  world  kept  within  doors,  though 
watchful;  stores  were  barred  and  theatres  closed. 
Kearney's  efforts  were  most  successful,  and  as  grand 
marshal  he  conducted  over  7,000  adherents,  the  rep- 
resentatives of  every  ward  and  trade  in  the  eity,  in 
orderly  march  through  the  streets,  forming  a  mo^t 
imposing  protest  against  Chinese  labor,  inicjuitous 
monopoly,  and  refuting  the  insinuations  of  ineeiuliary 
intentions.  The  parade  was  nt)t  only  tem|ierate,  but 
patriotic,  since  none  but  American  flags  wei-e  carried, 
and  they  by  American  union  soldiers.  The  tenth 
ward  club,  which  formed  the  first  division  in  the  line, 
immhered  nearly  1,300,  a  favorable  showing  foi'  the 
rai)id  growth  of  the  party.  Behind  came  eigl't  more 
divisions,  all  bearing  a  number  of  end)lenis,  mottoes, 
aphorisms,  and  pictures,  chiefly  directed  against  the 
Chinese,  but  also  expressing  the  claims  and  dignity  of 
labor,  or  denouncing  the  corruption   of  ollicials,  the 


ii 


718 


THE  LABOR  AGITATION  OP  ISTT-S. 


greed  of  monopoly,  and  so  forth.  A  favorite  device 
was  a  hui^t'  boot,  in  close  proximity  to  a  flying  Cliina- 
man,  wliicji  expressed  the  rallying-cry  of  the  ]>arty, 
"The  Chinese  must  go!"  witli  which  Kearney  gener- 
ally began  his  speeches.  The  procession  terniiiiated  at 
tlie  sand-lot,  where  the  usual  oration,  poem,  and  music 
were  given,  under  ()'J)onneirs  presidency.  Kearney 
followed  with  a  speech  against  the  ]^urlingame  treaty, 
and  tliereupon  announced  the  deposition  of  ])ay  from 
tl)e  vice-presidency,  in  whose  place  William  Wel- 
lock  was  now  elected.  After  passing  a  resolutiim  in 
ftivor  of  wiriding  up  the  national  l)anks,  the  meeting 
dispersed  quietl}^  the  only  disturbance  having  taken 
place  when  some  members  of  the  ]irocession  went  to 
the  rescue  of  a  Chinaman  beset  by  hoodlums, 

Wellock  was  a  Yorkshire  shoemakor  who  had 
served  in  the  Crimean  war.  He  was  likewise  evan- 
gelist and  bible  expounder.  Landing  in  America  in 
1873,  he  worked  at  his  trade  in  various  i)lac('s,  and 
reached  San  Francisco  in  187/',  where  he  wns  natur- 
alized. He  was  tall,  with  a  long,  narrow  head,  high 
forehead,  full,  short  beard,  and  nervous  temperament. 
Having  married  a  widow  with  some  means,  he  could 
att'ord  that  luxury  of  low  foreigners — United  States 
politics.  His  ])hraseology  was  not  devoid  of  culture, 
and  was  rendered  more  attractive  by  an  admixture  of 
dry  humor;  but  its  chief  ingredients  wxtc  the  fre- 
(|uent  gospel  quotations,  of  which  his  training  as 
evang<'list  had  given  him  a  ready  conunand.  Thus 
by  clieap  religion  the  cause  was  made  sacred.  Parson 
W(>llock  they  called  him,  chaplain  of  the  party,  b<'fore 
assuming  the  vice-presidency.  He  used  to  appear  at 
the  sand-lot,  bible  in  hand,  read  a  text,  discourse 
thereon,  interpolating  arguments  of  a  political  nature. 
Ijiko  K(>arney,  he  was  not  inappreciative  of  his  own 
importance,  and  had  magnanimously  declared  that  he 
would  accept  no  office.  At  a  mass-meeting  in  ])ecem- 
ber  187?,  he  ]>i'omised  that  when  he  and  his  colleagues 
had  cK'ai'ed  California  of  her  demagogues,  they  would 


KEARNEY'S  INCREASED  POPULARITY. 


no 


do  the  same  in  other  states,  till  tlie  whole  republic 
slioukl  he  purified;  then  they  would  Gfo  to  Enghuid 
and  imll  down  the  old  monarchy.  When  that  was 
done,  Wellock  considered  his  work  as  ended.  Speak- 
inj^  of  the  monopolists,  he  would  say:  "These  men 
who  are  pervertinj^  the  ways  of  truth  must  be  de- 
stroyed. In  this  book  that  is  called  the  bii)le,  the 
Lord  is  said  to  be  a  consuminij  fire.  When  he  com- 
niands  we  must  obey.  What  are  we  tt»  <lo  with  these 
p('0[>lo  that  are  starving  our  poor,  and  degradiui^  our 
wives,  dauLjhters,  and  sisters?  And  the  I^ord  said 
unto  ^[oses,  take  all  the  heads  ofl'  the  jieople  and  han<^ 
them  before  the  Lord.  This  is  what  we  are  com- 
maniled  by  a  supreme  l)eing'  to  do  with  all  that  dare 
to  tread  down  honesty,  virtue,  truth." 

The  parade  added  j^reatly  to  Kearney's  }>opularity, 
and  tlie  attendance  at  the  followiuLj  Sundav  nieetinns 
numbered  from  4,000  to  0,000  })ersons.  He  ]iaran,i,nied 
as  loudly  as  over  ajj^ainst  railroa<l  swindlinu',  m■^•ed  the 
formation  of  military  com[)anies,  and  atHiiiied  that  he 
was  as  ready  to  die  at  the  hand  of  assassins  in  the  pay 
of  monopolists  as  in  any  other  way,  if  it  would  helj)  tlie 
cause. 

At  one  of  the  ward  meetings,  a  niemlxn-  proposed 
amid  acclamations  that  Kearney  should  I'eeeive  ar- 
bitrary power,  like  Xapoleon  when  calhd  u[)on  in 
17'.)8  to  save  Paris.  The  arch-agitator  liad  no  ob- 
jections; he  was  the  voice  of  the  i>eople,  lie  said, 
40.000  of  whom  lu;  i-epri'sented,  an«l  w<mi1(I  remain 
dictator  till  the  people  (K'i>osed  him.  In  many  <"f  tlu; 
ward  clubs  it  was  not  prudent  to  dissent  fiom  his 
views,  for  men  who  did  so  were  often  roughly  treated. 
Thi're  were  a  few  workingmen's  clubs  wher<'  Kearney 
was  not  admired,  and  there  were  several  a>so(iatioiis 
M'hich  liitfered  in  name  and  }t!'inciple  from  Iveainey's 
party,  declaring  him  a  mushroom  forced  by  inciMidiary 
firt'S. 

An  atetmpt  had  been  made  by  Keanu^v  on 
ThanksLfiving  dav  to  form  a  centr.il  bodv  of  delegates 


720 


THE  LABOR  AdlTATlON  OF   IsTT-S. 


from  various  labor  organizations  in  the  city  and 
country  ;  but  this  tailed,  and  he  resolved  to  push  tho 
scheme  in  the  interior  by  personal  exliortation.  Ac- 
cordintilv,  in  the  middle  of  ])ecember,  he  and  Kniylit 
set  out  to  stump  the  southern  country  and  to  organize 
clul)s.  The  expenses  of  the  trip  were  defrayed  by  the 
Sunday  collection  fund,  from  which  Kearney  and 
Wellock  drew  some  $40  a  month  each,  and  from  w]ii(.'h 
was  allowed  310  a  week  for  his  services  as  secretary. 
Their  efforts  were  not  very  successful  among  the 
farmiuL'"  communities,  which  were  naturallv  consciva- 
five,  but  in  the  larger  towns,  as  Angeles  and  San 
Jose,  the  workingmen  mustered  in  force  to  applaud 
their  fiery  speeches.  After  his  return,  Kearney  issued 
an  address  in  the  name  of  the  Workingmen's  J*arty  of 
Calilbrnia  to  the  workingmen  of  the  LJnit(Ml  States, 
dated  December  29th,  which  was  extensively  pub- 
lished, and  dwelled  on  the  various  evils  afflicting  the 
country,  as  misrule,  land  monopoly,  Chinese  compe- 
tition, stock-gambling,  and  railroad  oppressitni.  It 
demonstrated  that  reform  was  imperative,  that  self- 
helj)  alone  could  effect  it,  and  that  all  should  unite  to 
this  end,  "Do  not  believe  those  who  call  us  savages, 
rioters,  incendiaries,  and  outlaws.  We  seek  oui-  ends 
cahnly,  rationally,  at  the  ballot-box.  So  far.  good 
order  has  marked  all  our  proceedings.  But  we  know- 
how  false,  how  inhuman,  how  unjust  our  adviisaric s 
are.  We  know  that  if  gold,  if  fraud,  if  force  can  defeat 
us,  they  will  all  be  used.  And  we  have  resolved  that 
the}'  shall  not  defeat  us.  We  shall  arm.  We  shall 
meet  fraud  and  falsehood  with  defiance,  and  force  with 
force,  if  need  be." 

Another  address,  more  in  accordance  with  the  estab- 
lished order  of  things,  had  been  sent,  December  liith, 
to  the  })resident  of  the  United  States  by  the  working- 
men  of  Oakland,  petitioning  for  the  abrogation  of  the 
Hurlingame  treaty.  This  was  transmitted  to  the  sen- 
ate, but  without  effect.  Equally  unsuccessful  was  the 
movemeut  of  Kearney,  January  '6,  1878,  when  he  led 


llEMr,  UVMV.  HUMP: 


several  hundred  unci ii ployed  men  to  tlic  city  hall  to 
demand  *'  work,  bread,  or  a  place  in  the  county  jail." 
On  their  inarch  tlie  cohinnis  were  swelled  to  some 
1 ,500.  Ilaltini;'  het'ori!  the  niayor's  othce,  they  creatcxl 
no  litth*  alarm  in  the  treasury  ofhce  and  among  the 
store-kee})ers,  despite  their  onlerly  conduct.  The 
three  leaders  entered  to  confer  with  the  mayor,  repre- 
sentinu;'  that  tiny  could  not  control  the  men  any 
longer;  the  ca[)italists,  wIkj  had  raised  !?7H,000  some 
months  previous  to  repress  free  speech,  might  now 
surelv  suhscrilx'  enouuh  to  establish  an  industrial 
colony,  or  take  other  measures  for  relief  The  mayor 
could  offer  nothing  hut  promises;  and  although  a  bill 
was  introduced  in  the  legislature  authorizing  the  city 
of  San  Francisco  to  emj»loy  2,000  men  for  three 
months,  y(>t  the  municijiality  failed  to  respond.  The 
alarm  created  by  this  demonstration  came  just  in  time 
to  prompt  the  grand  jury,  Jaimary  5th,  to  indict 
K(\arney,  Knight,  Wellock,  and  three  others,  for  in- 
cendiary speech  and  terrorism.  At  a  meeting  of  the 
cooks  and  waiters,  J)ecend)er  21)th,  Kearney  was 
charged  with  sayisig:  "1  am  glad  to  see  you  making 
preparations  for  the  fish-balls — that  is,  you  make  the 
balls,  and  we  will  fire  them.  If  the  members  of  the 
lei>i,slature  overstei)  the  line  of  dccencv,  then  1  sav, 
Hemji,  hemj),  heni])!  That  is  the  battle-cry  of  free- 
dom." He  defied  the  grand  jury,  and  if  imprisoiu'd, 
lie  would  work  out  of  the  jail  anil  "annihilate  every 
one  of  these  hell-hounds  in  the  state  of  California." 
The  iiulicted  men  wei'c  arrested  under  the  Gibb  law 
and  released  on  bail,  the  arrest  and  release*  being 
repeati'tl  several  times.  On  the  Sundays  following 
the  first  arrest,  crowds  of  from  7,000  to  I  1,000  assem- 
l)letl  on  the  sand-lot  to  L;reet  their  pei>'ecute(l  chief, 
who  denounced  the  niayi)r  and  grand  jury,  and  de- 
clared that  the  workingmen  would  drive  out  the 
Chinese  or  die  in  the  attempt.  He  foreshadowed  a 
gloi'ious  future,  and  hoped  that  a  later  generation 
might    l\\u\    a   slnb   with    the    inscri[)tion:    Here   lies 

I'Ol'.  i'liUI.,  VuL.  11.     4o 


722 


THE  LABOR  A(iITATION  iW   IS77  S. 


Kearney,  the  dmynian,  wlui  led  tlie  victorious  (•]iariL»"o 
a<^ainst  the  liordes  of  tyrajiny,  and  died  for  liberty  and 
the  liijlits  of  man. 

During  his  speech  at  tlie  tenth  ward  club,  Kearney 
proposed  amid  cheers,  that  if  the  C^hinese  innniora- 
t\on  continued,  all  should  march  to  the  Pacific  ^[ail 
Steamship  Company's  dock,  and  blow  the  steamers  out 
of  the  water.  He  ur<]^ed  the  members  to  come  to  the 
sand-lot  on  the  following  Sunday,  Jaimary  lath,  with 
muskets  and  sticks.  They  had  mem,  he  said,  who 
would  manufacture  balloons  for  dropping  dynamite 
into  (Miinatown,  and  other  infernal  machines  by  which 
men  might  be  secretly  destroyed.  These  expre-^sions 
were  substantially  repeated  at  the  eleventh  ward  club, 
where  several  inflamed  speakers  had  propose<l  to 
crown  Kearney  with  a  coronet  of  twenty-dollar  ]»ieces, 
to  be  taken  from  Nob  Hill,  and  to  form  a  military 
company,  in  order  to  learn  how  to  step  at  a  funeral, 
for  the  c<»ntest  against  the  Chinese  would  not  be  given 
up  till  there  was  blf<o(l  enough  in  (  Iiinatown  to  float 
bodies  to  the  l)ay.  The  projiosition  for  a  military  com- 
pany was  res[)onded  to  by  loO  men.  NV'^hen  Kearney 
]>ut  the  (juestion,  "Are  j'ou  ready  to  march  (l(»wn  to 
the  wharf  and  sto^)  the  leprous  Chinamen  lr(»m  land- 
in<i?"  there  were  loud  cries  of  Yes!  Even  the  usuallv 
quiet  Germans  caught  the  infection,  and  one  speaker 
hinted  that  were  a  few  guns  to  be  turned  on  the  city, 
millions  of  dollars  might  be  extorted  wherewith  to 
foi-ni  a  fund  for  the  conunou  benefit.  This  language 
could  not  fail  to  create  alarm,  supported  as  it  was  by 
the  ominous  fact  that  the  military  company  of  the 
tenth  ward  remained  behin<l  for  drilling,  after  the 
clul)  had  closed.  ])uring  tliis  and  the  following 
months,  several  wards  formed  military  companies, 
and  took  u})  subscriptions  or  arranged  for  }>icnies,  so 
as  to  obtain  a  fund  for  the  purchase  of  arms,  and  the 
shoemakers  set  an  example  to  the  trades  unions  by 
forming  a  guard.  Some  of  the  companies  \\r\v  never 
able  to  ac(piire   better  arms  than   brooin-stieks,  and 


"»g. 


Tii::  lj:a1)KU.s  undkii  lock. 


so 

tlu- 
l.y 

•V.'V 

land 


dissolvotl  ill  <li>nii.st;  Itut  iIh;  tfutli  ward  sucecccrcd  -<> 
\\v\\,  that  nvIk'U  its  comjiaiiy  liad  t)l)taiiK'<l  sonic  .^0 
nan  and  (>\*v  100  Id'ci'i'h -loading'  niu.skcts,  anotln  r 
company  was  started.  AVlicn  Kcariuy  was  clccttd 
liiiuti'nant-^tiu'i'al  of  tlu;sc  f<nvrs,  ^larcli  Gtli,  with 
Kiii'ulit  .'is  adjutant,  laisidcs  three;  stafl'-oflicers,  a  iiiii- 
torin  was  adopted,  witli  l>laek  trousers,  l)lue  sliirt,  ami 
lati;L;ue  caj).  The  suiuniit  Ljuard  ah»iie  r<  I'lisi'd  lo  he  coi.- 
tiolh'd  \>y  men  devoid  ot"  military  knowledge,  and  t'.ll 
under  the  di.spleasurc  of  the  leader. 

Sueh  speech  and  aet  ion  Were  not  lost  on  tin  autiior- 
ities.  On  the  lOth  of  .Fanuary  the  leaduis  wtie  plaet.d 
under  lock,  the  Xational  (Juard  was  i-alled  onl,  a  A\ar 
slii{>  Wi.s  sent  to  ])i'otect  thi^  Paeifie  mail  dock,  and  tin' 
city  fatheis  held  a  sec.-ret  session,  which  I'esulteil  ill 
the  a[)[»ointmt  nt,  <it'a  <'onuiiittee  for  Sacramento,  with 
oi'deis  to  ]ire\ail  on  the  Ic^'islature  to  ])ass  at  oiico 
^.u<•h  hills  as  wei-i;  needed  under  the  circumstances. 
The  senate  res[)onded  next  (.lay  hy  passing'  the  so- 
called  ^[urj»hy  riot  hill,  which  uwt  with  opposition  in 
the  assenihly,  hut  })a6jscd  on  the  iStli  in  an  amended 
foini.  l"n<ler  this  act  the  authorities  wen-  ein[M)weivd 
to  arrest  incendiary  a[»eakers  and  to  dl-[»erse  any 
douhtful  gatherings.  The  workingnieii  wei'e,  of  course, 
imaninious  in  condemning  the  measure.  Kearney 
was  prevailetl  U[)on  to  issue  a  proclamation  to  his  j'l]- 
lowei;,  asking  tlioni  to  hold  lut  Suiakiy  meeting  at  tlie 
.'•and-lot,  hut  to  join  tin;  gathering  at  Oakland,  where 
resolu  ions  Would  he  adopted,  jietitioning  the  legisla- 
tui'e  to  re[teal  the  riot  act.  Tim  authoi'ities  Were 
nevertheless  a[i[)rehonsive  that  the  agitators  might 
carry  out  the  resolution  to  assemhie  in  arms  on 
Sunday,  and  the  I'-overnor  came  to  the  citv  with  Ids 
staff  to  render  assistance,  arms  heing  forwarded  fr  mu 
the  military  head(|uarters  for  the  use  of  the  citi/.<iis. 
To  increase  the  general  alarm,  a  run  began  <in  the  sav- 
ings hanks,  against  which  Kearney  had  hi'cn  declaim- 
ing, and  tho  cry  from  the  unemployed  rose  loutler 
than  ever. 


.':( 


1:1 


II' 


79* 


TIIK    I.AIJOR   AcilTATloX  OF    KS77-8. 


One  dollar  a  dav  was  offered   for  laborers  on   tli 


rai 


Iroad 


lIKl     III 


til 


1 


lar 


am 


I    all 


)ut    1.000   iiu'Ii  re 


■ipoiidcd;  others  coiKk'niiicd  tlie  iiieasiire  as  a  ])retext 


t>>  I'edurc^  wau;es  diiniii^  tlio  j)r<'vailin!L,'  distr-ess 
C'liurclies  tlien  sjiruad  free  lunches,  and  I'xhorted  t 
teni] 


)e  ranee, 


A  wotliinLii'nicn's  convention  had  heeii  eallcd  for  the 
21st  of  .January,  and  altlioui,di  the  mayor  was  o|)[>osed 
t  )  an  assenihly  of  this  kind  in  the  midst  of  the  i^'eiieral 
(Aciteiiieiit,  tiie  governor  prevailed  on  liiiii  to  lot  it 
take  place.  Tlie  atteiKlaiiee  on  the  first  day  was 
Hiiiall,  and  no  husiiicss  transaetAcl  hcyoiid  condeiiiniiii;' 
tlio  ineetidiarv  orations  of  Keariiev.  \\  ho  witli  his 
llouteiiant  was  now  in  ]»risoii,  the  temiutrary  ehairniaii 
reiiiarkiuL''  that  thev  had  «loul)tlt'ss  served  to  electrilN 
tlie  workinL»'nien  into  action,  but  to  continue  them 
Would  he  iinurious.  The  following"  dav  Keaiiiov  and 
]viiiL,dit  were  acnuittcd  on  tin*  first  indi(.'tiiient  of  the 
i';rajid  jury  of  iiieitin;^  to  riot,  and  i-eleased  on  hail  on 
the  other  cliar<''es.  The  first  ballot  of  the  iurv  had 
resultt;d  in  nine  for  acquittal,  two  for  <-onviction,  and 
one  blank.  The  second  ballot  merely  changed  the 
blank  into  a<'(piittal,  whereupon  one  of  the  jury  dv- 
clai'od  that  he  was  for  acf[uittal.  an<l  demanded  that 
those  who  had  so  voted  should  amiouiico  themselves. 
The  rc!sult  was  that  all  declar<'(l  having'  \()ted  for  ac 
([uittal,  the  two  f  tr  conviction  being  evidently  afraid 


to  incur  the  aii'-erof  the  Iveariievit 


I'S. 


Tl 


le  same  iuin 


came  the  iK'Ws  of  tlu^  victoiy  of  the  workiiigmeii   at 


tl 


10 


Alameda  count^'  election   for  state  senator.      At 


the  foregoing  election  in  September  the  total  vote  had 
been  7,1 18,  which  the  republicans  and  democrats  had 
shared  im-ttv  (Miuallv,  the  workiiigmen  polling  onlv 
lis.  On  the  present  occasion,  the  rainy  weather  and 
other  causes  had  reduced  the  vote  to  4,;)40,  of  which 
the  workingmen  carried  'J,7r}0,  the  reiiublicans  2,038, 
and  the  democrats  572,  a  reversal  of  fiLji 


wes  w 


hich 

created  unbounded  enthusiasm  among  the   Keaniev- 
ites.      Mr  Bones,  the  ek-ct,  had  declared  that  he  wa^ 


SKNATOll  BONKS. 


lint  ail  cullurL'iit  ot'  Ivi'Ui'iU'V,  \\liu  had  iiothiiis^;  t(j  du 
^vitll  tlu!  law  and  order  convt-iitioii  ol"  \vorkiii*i,nn.'ii 
wlucli  iiuiniiiati'd  him,  but  the  t'oruicr  iii'vcrthrh'is.s 
assiiiiu-d  all  tht;  cretHt  «)f  thi'  victorv,  and  proct'cdul 
oil  .lanuaiy  liJid  to  bring  tlie  now  senator  in  trium|ili 
to  San  Fiaiicisco,  where  a  larye  [troeessioii  canu'  to 
leeeive  them.  The  same  evening"  the  \Yorkin;4men  s 
convention  lield  its  second  m<  etinj;',  ivith  an  attend- 
ance »)('  l.")()  dek'gates,  inciudinL,^  representatives  tVoin 
the  inierioi".  Ivearn<'y  was  elected  ))resident  of  the 
assembly,  and  Manning  \  ice-president.  On  the  i'ol- 
lowlng  morning  lousiness  was  take'ii  earnestly  in  hand, 
and  several  nsolutions  passed,  among  them  a  bitter 
denunciation  of  the  riot  acts  of  the  state  and  munici- 
pality, and  of  the  conduct  of  the  mayoi".  A  platform 
was  then  presented,  covei'ing  the  stereotyped  meas- 
ures, ref(»rm  of  the  general  gosfrnment,  extinction  of 
unjust  monoj)oly,  extermination  of  the  Chinese,  le- 
strictions  in  holding  lands,  jiunishment  of  iniijuitous 
olHcials,  eiiiht-honr  rein'ulation,  amendment  of  the 
I'nitetl  States  constitution,  com[)ulsory  education, 
and  the  like.  A  party  constitution  was  formed.  A 
state  central  comnnttee  was  formed,  with  fi\t'  mem- 
bers from  each  senatorial  district,  and  one  re[)resenta- 
tive  from  each  trades  union.  After  having  deiu  imceil 
the  National  Labor  J*arty,  the  convention  adjourned 
on  January  'Jath. 

Notwithstanding  the  law's  arrests,  and  tlu'  \  igilant 
attitude  of  the  community,  the  historic  sand-lot  still 
breathed  loud  throatenings.  One  Sunday  Kearney 
})roduced  a  coil  of  r(»|>e  with  a  noose  at  one  end,  de- 
daring  that  to  be  the  new  unsviitten  platform  of  the 
})arty,  by  which  should  be  measured  all  othcials  in  the 
country  who  l»etrayed  their  trust.  A  joint  committee 
^vassent  by  the  legislature  to  investigate  the  trouble  in 
San  Francisco.  The  members  began  their  labors  Feb- 
ruary 2d,  attended  a  sand-lot  nu;etingat  Kearney's  re- 
(|Uest,  and  found  nothing  illegal  in  the  somewhat  sul>- 
(.lued  tirades  of  the  leader  against  the  conduct  of  otlicials, 


( ; 


ML 


720 


T!I1<:   LAHOU  ACilTATlOX   Vl'   lS77-i>. 


t-npitalists,  Ituiikcrs,  aiul  ]Ktliti('i:>ns,  iior  in  the  rt'soln- 
tii'ii  tliattlu.'  ChiiK'sc  iiiustltf  made  to  i(o,  pcaroalily  <»r 
t'ni-cihly.  T]\o  tc'stinxtuy  taken  at  subscfjut'iit  sessions 
t'ldni  odieials  an<l  civilians  declaretl  tliat  iiieeiuliary 
lani-UM'jfo  liail  l)een  used  everv  ni<dit,  tliat  K«'ai'ney 
Jiiul  iirycd  liis  followcTs  to  arm,  tluit  two  luilitarv  ann- 
panics  did  already  exist,  and  that  the  authorities  wero 
"'•lined  io  takt;  pri'cautionary  measures  aj^ainst  aniove- 
iiient  Mlii'  li  kept  the  city  in  rontinual  alarm,  pre- 
vented husiness,  and  cost  the  nnniicijiality  nnich 
money.  ( "a[>tain  Ijihs,  (.f  the  police  di'i>ai'tment,  be- 
lieved the  ai^itators  in  earnest,  since  tliev  so  faith- 
fully  attended  the  meetini^s,  n'L,^ardles,s  of  wind  and 
rain.  Kearney  had  })roposed  to  lead  them  a<:^ainst 
the  China  st(>amers;  and  lie  certaiidy  could  do  what- 
ever he  J, leased  with  them,  for  they  feared  Idni.  The; 
incendiary  acts  }>roti'cte(l  the  workinyinen  as  well  as 
others,  and  interfered  with  no  p(>aceable  citizen.  The 
Kearneyite  witnesses  scouted  the  idea  of  endanij-eriiv'' 
the  peace  of  the  city,  and  asked  their  accusers  to 
point  out  a  ;-iii''le  a<''uressive  act  committed  bv  them. 
Judge  Feri'al  took  the  sami'  view,  and  declared  that 
the  wiii'kin;^inen  had  been  merely  blustei'iii'L;';  the  po- 
lice had  created  a  just  discontent  by  their  severity; 
rumors  were  curr<'nt  that  the  leaders  would  have  been 
handed  by  a  mob  if  they  had  not  been  ari-ested. 
?»fareh  11th  tlu  committee  ])resented  its  report  to  tlu' 
ass(.>mblv,  slxAvinLf  that  the  adherents  of  the  v.'orkin'>- 
U!'  ii's  i)artv  had  not  been  en<j:a<j:ed  in  the  Julv  riots 
of  the  year  before,  and  that  no  overt  act  could  be 
proved  against  them,  although  the  language  appeared 
of  au  incendiary  character,  if  interpi'eted  without  re- 
gard to  surronnding  circumstances.  It  condenmed 
the  police  for  unwarrantable  roughness  in  dispersing 
meetings.  The  passu<jfe  of  the  riot  bill  bv  the  asscm- 
bly  IukI  been  ill-timed,  and  it  should  be  repealed,  since 
the  code  provided  for  its  clauses.  The  Chinese  ele- 
ment was  declared  to  be  a  curse,  and  suggcstirms  were 
iuade  ior  devising  speedy  means  to  give  employment 


KKAUNKY    CAITUUKS   A    MKKTINU. 


Ttt 


tt)  wliite  men  on  |)ul)lii'  woil 


l\S. 


Til 


us  iiidorsi'inm 


t  (.f 


their  coiuluct  was  a  ;j,i-fiit  ti'iunijili   for  tin-  working- 
mvu,  soon  to  l)C'  t'oIl(»\V('(l  li\'  si'Viral  otlitrs. 

J>urini;'  the  second  week  in  Fi'hruary,  tlie  thri-o 
KmU-rs  visited  Santa  (.'lara  county  to  inlhience  tho 
election  of  state  senator  and  asseninlyinan,  and  t«)  or- 
eanizi!  cluhs.  The  result  was  not  as  they  had  liojied; 
l>ut  the  election  was  so  closely  contested  that  there 
was  every  reason  to  he  satisfied  with  the  pro^iess  of 
the  ]>arty.  Soon  after,  in  March,  came  the  nuuiicijial 
elections  of  Oakland  and  Sacramento,  whereat  the 
workin^ineii  j^ained  tin;  victory  for  several  of  their 
Candida ti'S.  The  entire  |)ress  now  came  Inrward  to 
recognize  their  (trj^anization  as  one  of  the  great  j)arties 
»)f  the  state,  and  to  laud  Kearney  as  a  shrewd  politi- 
cian. The  suhtle  inHuence  of  railroa<l  money  Wi'.< 
now  apparent  in  this  crude  lump  of  humanity,  formed 


for  th 


puri 


ose,  amon<>'  other  thinu's,  of  exterminatin  •: 


O'   ' 


the  monopolists  who  weiv  now  hecomiuL*'  thoir  masteiv.. 
It  was  likewise  stated  that  the  honanza  hank  iiuti.r 


th 


le  ai'ch-ai^itator  a  lew  pieces  occasionally  irom  its 
vaults.  On  his  return  from  Sacramento,  Keaiiuy 
i-ecei\ed  an  ovation,  heinn'  marched  in  triumph  tliroU!;h 
the  streets  (»f  San  Francisco  hy  an  escort  of  over  7.<'<'0 
men.  An  attenijit  of  the  legislature  to  pass  a  hill  lor 
the  sale  of  the  Spring  Valley  Water  W'oiks  to  San 
Francisco,  for   fifteen    millions    <if  dollars,   ci'eatetl   a 


unanimous  outcry  in  the  city,  and  on  ^[arch    I  Cith  a 
meeting  of  pro[)erty  holders  was  called  to  dc;nounci 


tlie    scheme. 


poi 


1  the  scene    with  a  laim!    escort 


ajipeuied  the  agitator,  and  proceeded  to  take  a  j)lace 
on  the  jilatform.  A  pi'omiiient  citizen  I'l'iiiinded  him 
that  ho  ha<l  not  l)(;en  invited,  hut  Kearnev  insistid  on 
his  right,  as  the  representative  of  the  workingnuMi,  to 
share  in  the  deliheration,  and  calling  for  a  show  of 
hands  among  his  adherents,  he  without  fuitlier  cere- 
mony declared  himself  elected  chairman.  .Vs  such  he 
carried  matters  with  a  high  hand,  ohligcd  his  enemy 
of  tlie  Morn'tiKj  Call  to  humble  himself,  tore  up  tho 


iiiii 


m 


728 


THI-:   LABOR   A(!ITATIO\   OF    1877-8. 


list  of  iopros('iitaliv(!  men  wlio  liiul  boon  proposed  as 
a  coimuittct'  oii  tlit!  <|iu'stioM,  and  foriiu-d  another  list 
of  names  siiysjestcd  cliiotlv  1)V  liiniself  and  liis  f\)ll(>W(;rs. 
Finally,  lie  refused  to  allow  State  Senator  Xunaii  to 
spi-ak,  un  the  j^roimd  that  he  was  a  politician,  and 
during'  the  conlusion  whieh  ensued  iu  consecjueui-e,  a 
fi'iend  of  Nunan  pushe<.l  Kearney  oft' tlu,'  platform,  hut 
his  lollitwers  came  to  the  rescue  and  replaced  him,  not 
without  some  trouhle,  which  in%<)lved  the  destruction 
of  fui'niture  and  heads.  Tlu'  result  of  the  nu'etinij;- 
was  the  jiassage  of  re-solutions  instructing'  the  city 
representatives  in  the  legislature;  to  vote  ,'igainst  tlu; 
hill,  and  tlie  a[»pointment  of  a  connnittee,  which  de- 
spatched six  deputies  to  Sacramento  to  lay  the  resolu- 
tions hefoiv  the  governor  and  legislature. 

At  the  dose  of  March,  Keai-uey  introduced  a  new 
element  in  his  speeches.  It  had  already  heen  statetl 
at  a  ward  cluh  meeting  that  the  leader  was  (»pj)ose(l 
to  Americans  in  the  party,  wlu'reupon  one  of  the 
speakers  suggested,  with  great  lihei-ality  of  spirit, 
that  all  should  receive  an  equal  chance.  That  the 
charge  was  not  without  foundatidii  a[)peared  iVom  a 
speech  which   Kearnev  dc^livered  hefoic  the  (lei-man 

1  t/ 

cluh  at  the  close  <if  the  month,  and  wherein  he  used 
the  following  Words:  "Pixhiy  said  to  me  that  the  nar- 
low-faced  Yankees  in  Califoinia  would  chan  us  out, 
l)Ut  I  just  wish  thev  would  trv  it.  I  would  drive 
tluMn  into  the  sea  or  die."  If  the  vigilants,  he  added, 
took  one  stc[)  to  hreak  up  the  workini^nneii  s  party. 
San  1^'raneisco,  with  its  wooden  sti  iiciuns,  sliDuld 
meet  the  fate  of  Aloscow.  Tli(>  connneiits  evoked  hv 
thes(!  n^marks  wen;  st-vere  anil  well-deserved,  particu- 
larly the  Moscow  simile,  and  several  chihs  hastened  tt» 
disavow  any  sympathy  therewith;  l>ut  a  more  formi- 
dalile  reju'imand  came  from  Archhishop  Alemany  of 
San  Francisco,  in  the  i'orm  of  a  circular,  dated  April 
5th,  and  addressed  to  the  priests  fu'  aimotuieeuient  to 
the  congrt>gations.  It  warned  the  ])eo|)le  against  the 
evil  of  seditious  talk  and  association,  admonishing  and 


RELI<;I()N  OUT  OF  THE  QUESTION. 


even  rrMjiurip.^'  everj  oik 


to  (1 


iscouiitciiiuici'  iiiul  remain 


iiway  from  incendiary  meetings.  Some  of  the  fatliers 
took  oecasion  to  impress  the  [)astoral  on  tJic  minds  of 
tlie  lloek  hy  earnest  appeals,  and  predictions  were  freely 
uttered  that  Kearnty  would  find  his  followers  diniinisli 
in  conse(iiienee.  The  h'ader  took  up  tlu'  ^ain.tlet  at 
once,  and  (Kclarcd  that  although  his  family  hejonu'ed 
to  the  catholic  <'hurch,  and  he  was  trained  therein,  he 
would  allow  none  of  its  ministers  to  interfei'e  with  the 
poHtical  rights  of  the  [)eople.  lie  called  ui»i)ii  the 
women  to  advise  i)astors  to  attend  to  their  own  atfa 


ir: 


und  even  denounced  the  archl»ihho[>  for  allowin;^  hiui 
self  to  become  the  tool  of  coolie 


tion 


that  th 


protector: 
recognized 


L'esol 


u- 


ns  were  [)asseci  tliat  the  party  recognized  no  (l!>.tmc- 
tion  of  T'eligious  creeds,  hut  united  on  one  rule  of  faith 
al(»ne;  that  resistance  to  tyranny  is  ohedlenei'  to  (Jod. 
Interference  of  the  church  in  political  rights  was  de- 
clared sedition  under  the  I'nited  States  constituti  iii. 
All  were  enjoined  t(»  aid  the  patriotic  cause  of  the  paity. 
Several  ward  cluhs  ])assed  similar  resoluti(»ns,  an<l  one 
even  sent  aconnnittei-  to  tin-  archhishojt  to  re(|Uest  an 
explanation,  hut  rei-eived  from  the  repi'esent.ilive  of 
the  i>relate  merelv  an  exhoi'tation  to  olu\'  the  legal 
authorities,  and  a  hint  to  change  the  leaders. 

The  question  which  had  nc»w  hec(»me  all-ahsorhing 
among  pohtical  parti(  s  in  the  state  was  the  approach- 
in 


g  el 


ection  of  dell-gates  t(»  frame  a  new  constitution. 


The  th'fects  of  the  constitution  of  ;;  p»,  made  f<>r  dif- 
ferent times  and  circumstances,  h.n!  heconie  Licuerallv 
a[i])arent.  In  San  Krancisc  .  it  was  the  opimon  that 
special  legislation  sliould  he  moi'e  I'estricted.  for  it  was 

ith 


w 


u  iioticeahle  fact  that  legislatur»'s  of  statt 
single  large  cities  to  manage,  have,  as  a  rule,  heen 
tempted  to  plunder  them.  Ik-sides  the  many  s|iecial 
imjH-rfections  of  the  codi-,  a  mass  of  useless  laws  and 
amendments   had    heen    accumulating    \\hieh    needed 


Wei 


•ding.      During   the    legislativ(>  session  of   is] 


]>a)'ticularly,  a  largi^  numher  of  amendments  wece  |iix)- 
posed.     The  matter  was  rcferretl  to  tlu;  next  legisla- 


'   i 
i   1 


730 


THE  LxVBOR  AGITATION   OF   1S77-8. 


ture,  however,  which  passed  an  act,  approved  April 
3,  1870,  reeoinineiiding  the  electors  to  vote  at  the  fii-st 
ij^eiieral  election  thereafter  on  the  (|Uesti()ii  of  calliiii^ 
a  coiivt'iitioii  to  remodel  the  constitution.  This  elec- 
tion took  jtlace  September  5,  1S77,  when  a  small  ma- 
jority decitled  that  a  convention  should  be  held.  On 
March  .'50,  1878,  an  act  was  aji[)roved,  reivulatiuij  the 
formation  and  duties  of  this  body,  which  was  to  bo 
composed  of  152  delej^ates,  who  were  to  be  elected  on 
the  tliird  Wedni'sday  in  June.  Their  compensation 
was  fixed  at  the  same  per  diem  antl  mileage  as  those 
of  the  legislative  members,  for  a  term  of  not  excecd- 
ing  one  hundred  days.  The  new  constitution  must 
bi'  sul)mitted  to  the  people  at  a  sjiecial  election  to  be 
lu'ld  on  the  first  Wednesday  in  May  1871). 

The  workinginen  were  fully  alive  to  the  fact  that 
this  was  their  oiiportunity  for  obtaining  the  r»'forms 
thev  had  been  so  loudly  demandin<>-,  and  a  determina- 
tioii  became  apparcjnt  that  they  intended  to  use  every 
etlbit  to  secure  them.  Xor  did  tlii'  ward  presidents, 
mend)ers  of  committees,  and  other  otKcials  of  the  party 
lag  beliind  in  this  movement;  but  their  /eal  was 
evidently  inqtelled  by  other  inducements  besides  honor 
and  patiiotism,  namely,  grei-d  of  ottice,  with  its  pay 
and  otlier  prospective  athantages.  The  aim  (»f  the 
majority  was  theref  )re  to  secure  nomination  on  the 
ticket;  but  Kearney  was  not  willing  to  let  the  party 
so  succcsslYdly  oi-ganizi'd  by  him  be  made  a  cat's-paw 
f>r  the  ad\ant'enient  of  pei'sonal  interests,  ])ai'ticularly 
siiu-e  tlu!  schemers  hatl  bi-come  so  absorbed  in  their 
v;nlous  pl.ms  as  to  can;  little  for  the  leadt'i".  The 
aim  of  th(!  party  was  reform,  and  this  was  not  likdy 
to  lie  i»romoted  bv  the  entrv  of  otHee-seekers  whose 
noniiiiittion  would  disgust  the  people,  jind  whose 
election  was  sure  to  retar<l  tin;  objects  of  the  move- 
niLiit  and  cavate  a  sjdit,  all  tt>  the  prejudice  of  King 
Keanuy.  Which  is  the  greater,  the  ruler  or  tiie 
maker  of  rulers?  Kearney  saw  no  indue eimnt  to 
surrender  jiis  present  position  for  any  office  in  the  gitl 


A  COUP  NECESSARY, 


731 


of  the  i)arty ;  and  finding  tliat  he  could  not  in  any  case 
expect  to  control  the  convention,  he  resolved  to  main- 
tain the  character  of  a  disinteresti>d  champion,  and 
thwart  the  plans  of  the  suh-lcaders,  who  had  heconie 
disart'ected  and  were  seckinir  to  undermine  him.  In- 
deed, a  cou[)  wafi  necessary  for  his  own  sake  as  well 
as  ft)r  the  party.  He  accordinufly  caused  a  resolution 
to  he  passed  at  a  meetin<^  of  his  adherents,  dedarinu,' 
that  no  otiiciT  of  a  workinL^inen's  organization  should 
he  (>leeted  to  anv  i)olitical  oftice  in  the  u'ift  of  the  pai-tv. 
This  fell  like  a  uoinl)-shell  among  the  leaders;  and  at 
the  meeting  of  the  state  central  connnittee,  Api'il  iZ'ttli, 
Seei'(>tarv  KniLcht  henan  a  severe  attack  on  tlu-  C;e- 
sarism  fostered  hy  the  Open  Letter,  Keariu^v's  organ, 
and  on  the  policy  which  sought  to  displace  two  tliou- 
sand  ahle  and  tried  (»lficers,  who  had  lahori-d  for  the 
advancement  of  the  party,  to  let  a  p.ack  of  ignoi-amuses 
reap  tlie  heiit'fit  of  their  work,  and  to  elect  dolts  to 
frame  law  '<  •  the  state.  The  result  would  he  a  sec- 
ond iiumi.  i*  irliament,  held  up  to  the  scorn  and  de- 
rision of  the  country.  Kearney  rej)lied  in  scatliing 
terms,  rmiewing  Knight's  career  .as  a  loafer  jmkI  low 
seril»e  wJiom  he  had  laised  from  the  LTutter.  lie  also 
attacked  otlier  prominent  mend)ers,  and  created  a  tur- 
moil, during  which  every  p<>rson  charged  every  other 
person  with  corrui)tioii.  Finchng  himself  outnumhered 
ill  tlie  cominitt.tH',  Kearney  hrought  the  case  hefoi'e  the 
sand-lot  meeting,  and  deehired  that  he  would  never 
allow  coiTupt  men  of  conventions  to  rush  in  for  spoils, 
destroy  tlie  aims  of  tlie  paity,  and  U'ave  the  ])eople 
without  a  voice.  Knight  maintained  that  a  state  con- 
vention was  the  jii'oper  hody  t(»  consider  the  |iroposed 
change  in  the  constitution  of  the  j)arty  ;  hut  the  meet- 
ing sustained  Kearney'.^  lesolutitui  almost  to  a  man. 
The  county  committee  met  the  same  inoniiiig,  Api'il 
2Sth.  condenmed  Kiarnev,  an<.l  declared  that  thev 
would  not  he  1'uleil  hy  one  man.  Tlie  decision  of  the 
sand-lot  nu-eting  had  its  (Meet,  however;  for  although 
the  state  central  committee  continued  to  he  turl»uieut, 


i 


m 


7n2 


THK   LABOR  A(  STATION  OF   1877-8. 


tlic  rc'sio-natiuii  of  Kciinn  y,  called  for  by  Kiii*;lit,  and 
teiidiTod  by  Keanuy  liiiusolf,  was  not  acrcpttMl.  This 
l)ody  tliereupoii  issued  a  proclamation,  signed  by 
Kearney  and  Knight,  calling  up'Hi  all  persons  t.)  sup- 
port the  party  at  the  forthcoming  ginioral  election  in 
its  endeavors  to  so  amend  the  constitution  that  the 
Chinese  should  go;  land  monopoly  cease;  the  rich  be 
taxed  as  closely  as  the  jxjor;  the  children  of  the  state 
be  cared  for;  malefeasance  in  oftice  be  [>unlshed  in  the 
penitentiary;  economy  sh(»uld  guide  all  public  alhiirs; 
and  other  needful  laws  be  passed  to  restrict  all-absorb- 
ing wealth.  ItalsocalK>d  on  the  workingmen  to  elect 
delegates  to  a  county  convention,  and  pro[)()Se  names 
fiM-  nomination  to  the  constitutional  conNcntion.  The 
delegates  Mere  to  meet  May  ) 0th  to  make  nomina- 
tions for  the  county,  and  to  elect  deh'L';ates  to  a  state 
convention,  whic-h  had  on  the  IGth  of  A[ay  to  join  the 
deleo'ati^s  from  the  eoni^ressional  districts  in  nominat- 
ing  the  ei^ht  candidiites  for  the  state  at  lar'jje  to  the 
constitutional  convention.  Each  club  would  receive 
one  delegate  for  tho  state  convention,  or  one  for  ev<,>rv 
hundi'ed  mendjers,  and  ea(  h  count}'  three  <lelegates 
for  eveiv  state  assemblvman  allowed  to  it.  The  ;trin 
cil)les  of  the  Sa,eran)ento  section  of  tlie  l)arty  were 
more  detlrieil,  proposing  to  regulate  taxes,  ra.ilroai^';, 
oflii-e-lioldc'rs,  justice,  anil  make  the  employing  of  ( 'hi- 
nesi!  arriving  aft^r  ls7l)  a  misdemeanor. 

On  May  1st  the  county  coinnuttee,  the  exei;utive 
committee,  and  the  [>resi(lents  of  tlu;  club.s  held  a 
meeting  wherein  Kearney  was  condemned  for  assum- 
ing too  nuich  power;  but  no  i'urther  action  could  be 
iigrei'd  on,  and  the  majority  of  the  <'lul»  otli«-ers  re- 
turned at  once  to  their  allegiance,  sustaining  the 
U'ader,  while  othe>rs  rrjoined  the  fold  gradually.  On 
Tday  4th  Kearney  called  a  meeting  of  the  ward  presi- 
dents, seven  of  whom  resjtonded,  and  j'esolutions  wen 
adopted  excluding  all  ofllcers  of  connnittees,  «  lubs, 
or  trades  unions  from  nomination  to  any  olHce  in  the 
state  in  tlie  gift  of  the  party,  and  i'oibidding  them  t(j 


KEARNEY   TUIUMl'HANT. 


73S 


rosi;4n  in  onlo»*  to  accept  nomination;  Ijnt  all  candi- 
dates i'or  such  office  must  bo  selected  fi'om  the  ranks 
oTthc  clubs,  unions,  and  associations,  A  jtlan  of  oi-^ani- 
zation  and  pfovernujent  of  the  party,  in  sixteen  articles, 
was  also  discussed  and  adopted,  the  main  piineiplcs 
beinu":  1st,  tlie  callini^  home  of  the  county  committee; 

own   nominations    hv 


that 


(^ac 


h    ward   make    it- 


direct  vote  of  the  people;  rJth,  that  the  clubs  in  the 
same  ward  cond)ine  in  mass-meeting'  for  that  jiurpose; 
lath,  the  final  ratiHcatioji  of  candidates  to  take  pkiee 


at  tl 


le  sand 


lot. 


( )n  the  fftllowiu''"  dav  Ki\arnev  crowned  his  triumph 
by  procurinj^  the  dismissal  of  Knight  as  secrelaiy  of 
the  party.  H,  ^l.  ^[oore  bein;^  appointed  to  his  place. 
The  county  committee,  which  Kearney  had  dissolved, 
niet  with  a  limited  attendance,  and  rotniiated  by  de- 
nouncii!;^  the  l(>a<ler,  sevei-in^  all  connection  with  him, 


.md  canmir 


Hi 


Mi 


ui 


)o 


n  all  loval   clubs  to  rallv  to  their  aid. 


d- 


monties  m  cluiis  of  divitled  partisunsiiip  were  a* 
vised  to  form  independent  associations.  ( )n  May  (Ith 
the  anti-Kearney  mend)ers  of  the  exe<  nti\e  cnnnnittee 
disposed  Kearney  from  the  position  of  presiih'nt  of 
the  party,  and  chairman  of  the  connnittee,  ami  elected 
as  cl.aiiinan  of  the  state  centJ'al  connnittee  1^'.  Ikoney, 
a  moulder  from  the  noith  of  Ireland,  and  pi'esideiit  of 
the  ei'^hth   wai'd   chii».     The  title  of  jnvsident  of  ti 


tai'tv  was  I'jiiorer 


I. 


d.li 


tl 


n  address  was  tnereni>on  issuec 


V 


d 


to  the  el(!ctor?i,  si'-ned  bv  lionev  as  chairman,  and  bv 
Kiiii^'lit  as  secp.'tary,  L,nvnnjf  as  tln^  reasons  foi-  K-ar- 
my's  de]H»sitio!i  that  his  manner  was  dictatoiial,  that 
he  accused  all  of  treason  wiio  dilfeied  fi-om  him, 
dei'larinir  the  olhcer.-  of  the  party  to  be  traitors 
a!id  schemers;  iliat  'Lrra\t^  charges  had  been  made 
a<4ainst    his  luuior    and   iiiteo-iitv:    arxl    that    his   lati- 


<'iiasj;'e    and     eon< 


n 


hiet 
ith 


mdica 


ted 


a.     dixtrdered 


mnu 


1  aeeordance  with  a  ea.l!  from  th'seeidiai  e(Hinnitt<'e, 
th(>  county  committee  united  on  the  foHowim;'  day  to 
sununon  a  cmmly  convi'ution  of  loyal  clubs,  for  the 
pui[)ose  of  eleetii\e'  dele^jates  to  the  state  conventi 


«.tn. 


I 


'•'i 


i 


m 


TIIK  LAIJOII   AMTATION   OF   1677- S. 


Mcanwhilo  a  joint  coininitteo  mot  to  iuvestigato  the 
clianj^es  against  the  «lcpo.s(cl  leader.  Si'stained  by  the 
inajority  of  tlic  c'lul)s,  Kearney  took  no  notice  of  his? 
adversaries,  but  apjiointed  men  to  fill  tlie  places  of  in- 
imical members  on  the  executive  connnittec,  and  is- 
sued an  address  announcing  this  act,  and  urging  the 
clubs  to  elect  delegates  for  the  state  convmition  of 
the  l()th,  to  wliich  he  wouhl  submit  tlie  (jiiestion  as 
to  Avho  was  the  legitimate  })residt'nt,  and  Avliicli  the 
liglitful  executive  connnittee.  He  also  formi'd  a  pro- 
usional  county  connnittee.  On  May  8th  the  anti- 
Kearney  faction  held  a  mass-meeting,  but  the  Kear- 
iieyites  atti'uch'd  in  such  I'oree  as  to  outnund)er  them. 
Kiiight,  the  lea(hng  speaker,  could  scarcely  make  him- 
self heard  amid  the  hisses  wliicli  souglit  to  drown 
every  anti-Kearney  sentiment,  and  the  deafi'uing  ap- 
])lau.se  that  hailed  every  reference  to  the  leader. 
Kearney  arrived  during  the  session,  but  wa>  refused 
admittance,  an<[  when  ids  iViends  tried  to  j'orce  an  (.-n- 
trance,  they  met  with  a  most  determined  resistance, 
it  being  intimated  that  Kearney  would  have  been  sh(»t 
if  he  liad  persevered.  Fully  half  of  the  assend)ly 
thereU{to!i  lel't  the  hail,  to  attend  the  nn'eting  which 
KeariH  y  Ibrmed  outside,  but  the  police  obj(>cted  to  the 
obstruction,  and  used  rather  severe  measur-es  in  di.s- 
pcf^ing  the  cro.«d.  Forthisthe  sergeant  in  connnanil 
was  fioon  after  wui^in-nded,  at  the  pressing  instance  of 
Ktai'ney. 

Two  (lays  lat<  r  the  iseaiiieyites  were  convened  at 
Charter  Dak  Hall,  the  ln'a<l(jUart<'rs  for  the  election 
cam[>aign,  with  an  attendance  of  14  club  presidents, 
viz.:  of  wards  Xo.  2,  4,  0,  7,  8,  1st  l)ranch;  !•,  "Jd  branch  ; 
10,  I  I,  branches  I,  2,  4;  and  \'2,  and  of  th<'  Scandina- 
\ian,  French,  antl  Spanish  clubs.  .V  fw  others  were 
absent  because  it  was  club-night.  The  object  of  the 
gathei  ing  was  t(>  form  a  plan  foi-  the  coming  campaign; 
and  it  was  decided  that  the  ward  presidtMils  should 
ibrni  a  eounty  connnittee  with  clerical  duties  only,  for 
the  wards  should  control  the  bodv.      Each  member  o\' 


KKARNEY  AS  AN  OROANIZEll. 


the  party  must  suhscribo  five  conts  for  c;\inj)aigii  ex- 
pi'U.ses.  The  city  rlul»s  would  send  sixty  delegati'S  to 
the  state  oonveiitiou  for  the  Kith,  or  tliree  for  every 
a.sseinhlvinun  from  the  city,  the  forei'jjn  oluhs  heiiis' 
alh>w(xl  two  delolL,^'^tos  cacli.  Two  da\s  afterwanl  tho 
chib  presidents  issued  an  address  to  the  peo}>lo,  cnu- 
meratin;^  in  a  rather  sweeping  manner  the  evils  whicli 
the  party  proposed  to  remedy,  condenming  tlie  schiMnes 
of  offiee-seekers,  repmliating  tlic  anti-Kearney  faction 
as  corrupt,  and  reeognizing  Kearney  as  [iresident,  anrl 
as  the  motlern  jiatriot — [loor,  plain,  unassuminn-,  and 
unselfish.  On  the  day  named  both  parties  resorted  to 
tactics  whereby  to  win  over  the  country  delegates,  and 
Wellook  came  to  l»lows  with  an  anti-Kearneyitc.  Tlie 
<-ountry  members  determined  before  deciding  to  hear 
the  arguments  ef  the  res[>ectivo  factions,  eticli  of  which 
appointfd  tlirc.'  speakers  for  the  purpose,  'j'he  first 
vote  rt'snltcd  hi  twenty  for  Kearney,  ten  for  Homy, 
and  nine  against  both,  a  few  arriving  too  late  to  cast 
their  ballot;  but  finally  all  exc.'})t  nini-  joiiird  Kearney, 
ropri'seiiting  ten  counties.  8(  ^■t  ral  other  counties 
were  in  sympathy  witli  the  leadei-,  alth<tugh  no  di^le- 
gates  had  been  sent,  and  a  f '\v  mn-oHicial  nitinbors 
from  such  countieswer  3  therefore  admitted  asdelegates, 
JJi'sides  these  men,  5:]  out  of  the  GO  city  delegates  at- 
tend(>d  the  KeariKy  convention,  of  which  this  U'uder 
was  chosen  president,  and  tlii'ee  country  members  vice- 
})residents.  A  joint  r(>solution  was  passed,  acknowledg- 
ing "in  Kearney  an  organizei"  worthy  to  rank  among 
tho  great  organizers  of  history."  and  deserving  tiieir 
confidence.     Tin-  officers  of  tlie   party  were  reiilei'ted, 


K. 


irnev  as  president,  A\' 


ellock  as  \ice-i)|'esi( 


dent. 


reC(_'iV- 


ing  also  the  title  of  state  lecturer  and  organizer,  and  i  [. 
Af.  AFooro  as  gineral  secn-tary.  At  the  session  of  the 
following  day  the  resolution  on  tho  non-eliuibilitv  of 
oHicers  I'or  nominations  was  confirmed  ;  but  an  amend- 
ment was  introduced  declaring  any  man  in  sym|iathy 
with  the  jtarty  as  eligible  for  election  to  tlii'  I'onstitu- 


tioiuil  eon\ention.     None  of  the  resoluti 


ons  erea 


ted 


Tnr, 


TllK   LAHOIl   .UilTATIOX   OF    1S77  S. 


]);irtleular  coimiu'iit  ainoii!Lj  tlio  [)rcss,  except  one  dc- 
iiuiudiniif  tliatall  laws  should  htM-atilied  by  tin- [u-oplc, 
which  was  d(>clarcd  to  bo  coininuiiiHtic,  and  suhversivc 
of  political  order. 

On  the  followin*;  day  tho  convention  j)ropoH(Hl  noni- 
inees  lor  the  constitutional  convention,  Kearney  de- 
clarini;  that  men  sliould  he  selected  onlv  for  ahilitv 
and  intej^rity,  and  he  taken  from  all  classes,  from  hod- 
carriers  and  carpenters  to  doctoi's  and  lawyers,  whoso 
character  should  he  suhjected  to  the  closest  scrutiny 
at  the  sand-lot.  He  add(>d  that  the  ]\[c's  and  O's 
should  he  excluded  as  much  as  [)ossII»le,  hut  tliis  was 
prohahly  a  nuM-e  phrase.  A  nt)mination  of  himself 
was  promptly  declined.  The  Socialistic  Workinn'mcn's 
l*arty  of  the  United  States,  with  a  claim  of  oiu  hun- 
dred thousand  votcM-s,  was  recognized  as  a  kindred 
association.  The  desijjjn  adoj)ted  for  a  vij^nette  on  the 
workiiiLjinen's  ticket  consisted  of  ;i  ]\[i\»;o  hoot  kicking 
a  Chinaman  into  tluvi\Ki(ic  Ocean,  surmounteil  hy  the 
inscri|»tioM,  "The  Chinese  nuist  go."  A  constitution 
was  th.eii  a,(Io[>ted.  The  convention  adjourutMl  (tn  May 
l".)th,  and  shortly  after  AVellock  started  northward  on 
a  hrief  tour  to  lectui'e  and  to  oi-^anize  i-luhs.  Tho 
remaininLi;'  work  of  the  convention  was  assumed  on  tin; 
L'lst,  hy  till'  first  conijressional  district  con\'ention, 
which  adopted  a  resolution  in  favor  of  a  purely  secu- 
lar system  of  ])ul)lic  schools,  and  the  non-intorfei'onci! 
iif  the  church  in  aflairs  of  statt".  Ivules  were  also  laid 
down  to  !»-nV(  rn   tlu;  nomination  of  caiididat 


es. 


'V\ 


\\< 


eonvt'iitiou  adjourned  on  IMay  '27t\\,  after  havini;'  noni 
inafed  the  ei^ht  delegates  lor  tlu'  state  at  large  to 
the  constitutional  convention,  the  nominees  being  \n'o.- 
sented  to  tlu;  mass-uiocting  June  r_Mh,and  conlii'iut'd. 
The  workingmeii's  county  conventi<»n  at  Saci'anu  nto 
adojited  tho  lv(\irney  platform,  and  n(»minated  candi- 
dates on  the  2'2d  of  May.  The  anti-Kearne}'  faction, 
also  known  as  the  county  convention  party,  opent'd 
their  state;  convention  on  tho  same  day  as  their  oppo- 
nents, with  fifty  city  and  nine  county  delegates,  the  lat 


(.KoWINi;    Al'ACK. 


tfi'  liriii'-'  nil  iVoiii  S(tii(Hiui  coiiiitv,  uiid  with  Sccrctarv 
Kiii^iit  iis  the  li-aciiii;^  spirit,  altliouuji  lloiity  wa.-i 
chiiii'iuan.  1'hu  projjositioii  to  I'Xcinpt  i'min  taxatinii 
|U'<)[>crty  of  less  value  than  .*?  1,000  savored  too  stnmgly 
of  a  (It'siro  to  shift  the  Imrdeii  of  sustaiiiiii;^  the  ;4<)\  - 
erriiiient  to  the  shoulders  of  th(;  wcaithv;  add  yt 
tl 
th 


le   iioii-tax-}>ayers  claiiiied   full 
»e  eourse  of  the  adiuiiiistratioii. 


voict!   ni   deteniinilli.;' 


Ji.  tl 


(1 


us  and  se-vel'j 


other    ic 


spec 


ts    th 


»e  aMti-lveanieyites  wiic    cci 


taiiil' 


luor*!  radirally  socialistic  thau  the  other  faction,  proh- 
ably  with  a  view  of  stn.'M^theuiMt;'  their  cause  auioii.;" 
the  exticiiie  adherents  of  the  party,  who  wen;  sup- 
posed to  he  Kearuiy's  chief  pnint  d'appui.  'I'iiey 
n(;v(!rtheless  rejected  au  offer  froiu  th(;  national  lahm- 
party  convention  to  join  with  them  and  the  nation;.! 
uni<»n  party  in  noniinatini;'  dtleu;atis  so  as  to  swcMjp 
the  field,  and  that  hody  foi-nied  its  own  ticket  t.-aily  i;i 
J 


un(; 


.\s  I  have  said,  the  workiii'^nim's  nio\<ni(  nt  ha  1 
ever  sinc('  the  .Manit'da  flection  coinnianded  the;  I'e- 
spect  of  jioliticians  seeking"  ollice.  At  lh(^  late  gen- 
eral election,  the  democrats  ha<l  scored  a  ti'iumphaiit 
majority,  hut  now,  within  a  few  months,  the  witrkini;- 
men  had  at  several   local  elections  turned 


iie 


ai)l< 


Ulio 


1    tl 


dmost   complete  reversal   of   tin; 
\()tes;  and  it  was  well  understood  that  the  adhen.-nt  ; 


lem    !)V  an  j 


.f  tl 


le  ni'W  ]i 


irlv  in  San  !"'rancisco  were  drawn  chiell\ 


from  1  lie  democrats.  Ah  the  .fune  election  approached, 
the  latter  heeaine  cnii\iuced  that  their  chanc's  Were 

hopeless;     nor    could    the    icpuhlicaus     exjiect     sucee.-s 

miless  they  should  sei/e  on  this  opportune  >plit  in  tli" 
o|)position  raidc  to  comt  [uihlic  I'avwr  hy  a  modificafin:! 
of  their  course.  It  Was  tnide-nt  that  Imth  pai'ties  ]ia-l 
failed  to  retain  puMic  coiijidc'iice,  and  that  the  n.w 
hody  risiiiL;'  uj)on  their  shouldei's  was  L;ainine'  fa\ 


its  ener'''etic  reform  scheim 


J>ut  it  was  still  unlri'il, 


and  suspicions  of  its  communistic  tendencies  received 
support  from  the  incendiaiy  lan;^uaj4e  of  the  lea<hi-, 
from  certain  jilatform  clauses,  and  from  its  ackuowl- 


I'lir.  '1 11111.,  Vim,.  H.    47 


m 


THK   LAllOR  AfJITATIOX   OV    is"  H. 


edi'liiont  of  tlio  socialistic  W(>rkint;mcirs  iiaitv,  Tii 
the  liiri^cr  t(t\vus,  with  a  lumu'nms  chiss  of  hihorc!^ 
aiul  jKisoMS  who  were  hiiuiid  to  the  state  hy  no  solitl 
ties  t.i'  property,  wlio  had  iiotliiiisj;"  to  lose  l»y  extrc^iiic 
reform,  there  was  every  itros[)cct  for  the  success  of 
this  party.  To  the  small  pro[)erty  holders  also,  on 
whom  the  increasiiij^  taxation  was  pressiiij;*  with  j^reat 
wei^^ht,  the  promises  of  reform  held  out  l>y  Kearuey 
outwei|L,^h<!d  any  possihle  danger  from  m(»l)  rule  The 
precetlini,'  hard  years  had  heen  felt  by  all  classes,  and 
were  sujtposed  to  liavt;  ereatetl  a  geiieial  disposition 
f  II'  a  chanjijc;  hut  this  year  the  harvest  [irospccts  were 
most  flatteriiii;,  and  tended  to  spread  a  marked  ho[)e- 
fuhu'ss,  particularly  atnong  the  farmers,  the  most  con- 
servative (»f  ]»eople.  The  intellij.;ence  of  the  lai-miiii^- 
conummity  was,  besides,  too  advanced  to  In'  inlluenced 
hv  shallow  reasonersofthe  Kearnev  stamp,  wlio  hooted 
down  whatever  th«'y  did  not  approve.  Jt  was  under- 
stood how  rabid  and  ill-timed  was  the  crv  against 
capital,  i)y  which  aloni^  the  resources  of  tlu;  country 
could  be  developed.  The  ascendancy  was  feared  of  a 
mob  ^uided  1)V  incendiarva-j^itation  which  had,  cleailv 
enough,  done  much  to  i)romote  staufnancy  in  business, 
and  <-hcck  the  immij^ration  <»f  a  desirable  class.  The 
pi'oposal  of  the  Keanu'vites  tt)  select  di-leuatcs  for  the 
constitutional  cotivention  as  much  as  possii)lo  from 
tluirown  ranks,  from  blacksmiths,  hod-carritrs,  [)lou;4h- 
nien,  and  dravmen,  as  Kearnev  had  stated,  could 
nevci'  [M'ove  acce[»table  tt»tlie  better  class  of  men.  Jn 
iVaminn"  a  constitution,  there  was  no  harm  in  having' 
.all  n'l'ades  of  society  rt'[>resented,  but  itri'((uired  statcs- 
i.ien  to  frame  American  state  constitutions;  the  task 
was  too  great  to  l)e  intrusted  to  an  ignorant  Irish 
rabble,  even  though  tliat  I'abble  sometimes  paraded 
the  stret>ts  as  a  great  jtolitical  ])arty.  It  ii'([uired 
experienced,  [)hilosoj»hIc,  tli(»ughtful  miiids,  well 
trained  in  liist(»ry,  law,  and  economic  seicHices,  aiitl 
guided  by  connnon  sense,  patriotism,  and  honor — in 
sliui't,  able  and  honest  jurists.     The  first  constitutional 


t 


A  M()sT   SERIOUS  AFFAIR. 


::■.'.> 


convention  <»r  1841)  was  formed  wlien  the  country  was 
in  a  chaotic  condition;  nevertheless,  the  men  compos- 
inj:,''  it  did  honor  to  California. 

It  bi'uan  to  be  jjenerallv  admitted  that  in  formiiii;' 
a  constitution,  the  gravest  act  in  the  history  of  a  state, 
on  wliich  di![H,'nded  the  future  welfare  of  aj^reat  iieoi)le, 
|>artisan  spirit  should  he  set  aside.  A  ticket  undei' 
a  non-partisan  designation  had,  accordingly,  a  good 
|irosj>t'('t,  and  this  the  democrats  and  ri'publicans  were 
not  slow  in  perceiving.  The  former  were  aware  that 
their  oidy  chance  of  maintaining  themselves  in  the 
field  lay  in  an  alliance  against  the  common  enemy,  tie" 
Kearncyites,  and  pronounced  democrats  were  in  favor 
of  such  a  movement,  while  old  radicals  hail  l)een 
.sounded  and  found  willing.  A  coalition  had  bet-n 
mooted  alri'ady  before  the  adjournment  of  the  legisla- 
ture, but  the  })romoters  were  accusi'd  of  being  in  tin- 
interest  of  njonopolists,  and  it  was  remarked  that 
certain  democratic  railroad  opponents  were  excltnK'd 
from  the  conference  on  the  subject,  while  the  railroad 
organs  were  strenuously  advocating  it.  This  feature 
had  nntbablv  somethin<r  to  do  with  t'le  non-ayreemcnt 
of  tiie  state  central  Cf)nnnittces  of  the  two  parties  at 
their  meeting  on  the  24th  of  April. 

Another  attempt  at  a  fusion  was  made  by  the  repub- 
lican state  central  committee,  which  took  the  f>rm 
of  an  api)eal,  signed  by  over  I,'JOO  San  Francisco 
names,  calling  on  twenty-five  well-known  and  leading 
citizens  —thirteen  republicans  and  twelvi;  democi'ats  — 
to  meet  on  the  8tli  of  May  to  pi'ei)are  a  non-pai'tisaii 
ticket  for  the  first  con!j;ressional  district  that  sIkhiM 
meet  public  approval.  They  responded,  formcil  ;i 
non  [)artisan  convention,  and  issued  their  addi'css  oii 
the  ■_'4th,  to'j'ether  with  the  nauns  of  tlie  candidates. 
five  of  whom  had  been  allotted  to  the  workingmeii. 
A  ju'evious  attempt  to  win  over  tiiis  class,  when  this 
convention  nominated  as  delegates  the  president,  vice- 
j>resident,  and  a  member  of  the  executive  committee  of 
the  trades  and  labor  union,  resulted  in  a  resolution  of  the 


^> 


''^>^j:^%^ 


Q .  ^^  \^.%^. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


A 


1.0 


I.I 


m 


!f  IM 

it  J  „„, 

:■   itf  lllllio 


M 

2.2 


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1.25      1.4      16 

^=     ^    ^ 

^ 

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► 

V] 


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Photographic 

Sciences 
Corporation 


23  WEST  MMN  STREET 

WElS'ER,H.Y.  14580 

(716)  872-4503 


\ 


V 


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.V 


^ 


<^ 


<' 


^ 


6^ 


740 


THE  LABOR  AGITATION  OF  1877-8, 


union  that  no  member  of  its  representative  assembly 
sliould  accept  nomination  to  office.  A  communication 
from  the  colored  voters  to  the  non-partisans,  asking- 
for  representation,  was  laid  on  tlie  table.  Kearney 
had  tried  early  m  1878  to  organize  a  colored  working- 
men's  club,  but  failed.  The  desire  to  form  a  separate 
club  for  colored  men  was  significant  in  itself,  and  one 
of  them  published  a  letter  stating  that  his  race  was 
well  aware  that  the  majority  of  the  Kearneyites  dis- 
liked negroes  as  much  as  Chinamen,  and  could  not, 
therefore,  trust  to  Kearney.  The  desire  for  a  non- 
])artisan  ticket  gained  strength  throughout  the  coun- 
try. The  republican  committee  for  the  second  district, 
on  issuing  a  call,  May  20th,  for  a  district  convention, 
invited  tlie  democratic  organizations  to  send  an  equal 
number  of  delegates  to  it.  They  met  in  Sacramento 
in  great  harmony,  and  nominated  men  from  the  ranks 
of  one  anotlier.  On  the  22d  the  democratic  state 
convention  met,  and  indorsed  the  non-partisan  course 
of  the  first,  second,  and  third  congressional  districts. 
Tlie  governor  and  state  officials  generally  supported 
the  same  movement. 

There  was,  however,  a  large  number  of  republicans 
and  democrats  who  failed  to  see  in  this  coalition  any- 
thing else  than  a  plot  on  the  part  of  the  other  party 
to  capture  their  own  adherents,  and  each  body  jiro- 
ceeded  to  make  separate  nominations.  The  democrats 
admitted  doing  this  rather  for  the  purpose  of  uphold- 
ing their  principles  than  with  any  hope  of  success; 
while  the  republicans,  who  still  had  some  prospects, 
avowed  that  the  main  object  must  be  to  defeat  the 
non-partisan  element,  which  it  declared  to  be  a  demo- 
cratic combination  delivered  into  the  hands  of  monopo- 
lists. The  non-partisan  organs  were  e(jually  bitter 
against  both  of  these  jiarties  for  their  i)ersistency  in 
separate  nominations,  which  could  not  by  any  possi- 
bility succeed,  but  merely  aid  in  electing  tlie  Kearney 
ticket.  The  Kearney  organs  used  the  same  argu- 
ments against  the  non-partisans.     The  issue  of  plat- 


TURXrSVr  TO  KEARNEY. 


741 


111 

•iiey 
)lat- 


forms  and  final  ratification  of  the  democratic,  repub- 
lican, and  non-partisan  tickets,  at  San  Francisco, 
took  place  on  May  28th,  and  June  Gth  and  12tli, 
respectively.  The  resolutions  of  the  latter  body  dealt 
clearly  and  fairly  with  the  questions  of  the  day,  and 
presented  ample  safeguards  against  corruption.  The 
principles  of  the  other  two  parties  presented  no 
special  points,  except  a  more  pronounced  resolution 
against  monopolies  and  unequal  taxation.  Besides 
these  and  the  two  workingmen's  tickets,  the  feeble 
national  labor  party,  affiHated  with  tlie  working- 
men's  party  of  tlie  United  States,  was  still  in  the 
field,  with  its  principles  of  inflation  and  high  pro- 
tection, and  with  a  ticket  composed  of  selections  from 
all  of  the  other  parties,  only  a  few  new  names  being 
inserted.  Owing  to  the  new  stringent  legislation, 
and  the  small  value  of  the  seats  in  the  constitutional 
convention,  no  'piece  clubs'  had  risen  to  disgrace 
the  campaign.  As  June  advanced  it  was  observed 
that  many  republicans  and  democrats  were  losing 
lieart,  and  turning  to  the  Kearney  and  particularly 
the  non-partisan  sides.  As  for  the  Kearneyites,  wliat- 
cvcr  the  prospects  were  in  San  Francisco,  their  cause 
was  evidentlv  weakeninLr  in  Sacramento  and  San 
Joaquin,  two  of  the  three  interior  strongholds,  and  in 
many  other  counties  their  organization  was  not  eflc'ct- 
ive  enougli  t(^  aft'ord  great  hopes.  As  the  day  for 
the  election  approached,  the  contest  had  narrowed 
down  in  most  of  the  counties  to  the  non-i)artisan  and 
Kearney  elements,  of  whose  composition  and  relative 
value  the  county  tickets  for  San  Francisco  may  aiford 
fill  illustration.  Of  the  30  non-partisan  candidates,  19 
were  born  in  America,  and  ten  abroad,  seven  being 
from  Ireland;  2G  were  tax-payers,  and  three  non-tax- 
payers, and  19  had  been  on  the  state  register  for  ovit 
ten  years.  The  Kearney  ticket  presented  a  glaring 
contrast  to  this  array  of  old  and  solid  citizens,  nearly  all 
of  whom  were  closely  connected  with  the  interests  of 
the  country.   Nineteen  on  that  ticket  were  foreign  born, 


742 


THE  LABOR  AOITATION  OF  1877-3. 


six  of  whom  were  Irish,  and  six  German,  and  15  out  of 
the  30  were  represented  as  non-tax-payers,  while  only 
four  could  be  found  on  the  reoistcr  of  1 8G8,  twelve  being; 
registered  m  1878.  The  majority  of  the  candidates, 
therefore,  called  by  this  party  to  frame  the  organic 
laws  of  the  state,  were  comparativc^ly  recent  citizens, 
scarcely  identified  with  the  connnunity,  and  more 
fit  to  clean  legislative  halls  than  sit  in  them.  The 
influence  around  them  was,  besides,  revolutionary  and 
unwholesome.  On  being  invited  to  give  their  views 
of  the  issues,  the  majority  restricted  themselves  to 
promising  that  they  would  seek  the  expulsion  of  the 
Chinese;  but  a  few  were  more  expressive,  and  one 
named  said  he  would  indorse  the  platform  were  it  a 
thousand  times  more  radical;  he  was  in  favor  of  tax- 
ing hoarded  wealth  and  pulling  down  the  rich. 

To  encourage  his  followers  and  terrify  their  oppo- 
nents, Kearney  put  forth  a  procession  Saturday  night, 
Juno  15th,  wherein  fully  G, 000  joined,  including  several 
women,  some  of  whom  personified  historic  characters. 
The  usual  transparencies  were  carried,  with  mottoes 
and  symbols  directed  against  the  Chinese  and  mo- 
nopolists, and  pointing  out  official  corruption;  but  the 
most  impressive  feature  was  the  lamps,  which  flickered 
at  tlie  end  of  sticks  from  nearly  every  shoulder.  A 
noticeable  transparency  was  a  representation  of  Kear- 
ney's dray  stick,  borne  on  one  of  the  oaken  staves 
which  the  leader  had  used  on  his  wagon.  Each  ward 
carried  an  announcement  of  the  majority  which  it 
expected  to  gain  at  the  election.  Tlie  effect  of  the 
demonstration  was  not  lost  on  the  anti-Kearnej'ites, 
at  least,  for  quite  a  number  came  to  indorse  their  old 
Lvider,  a  course  followed  by  the  chairman  and  secre- 
taiy  after  the  election  had  shown  how  futile  their 
opposition  had  been.  But  their  submission  was  not 
accepted,  a  resolution  being  passed  which  decided 
a;;aiiist  the  readmission  into  the  party  of  any  member 
of  the  revolted  county  committee.  The  workingmen 
<:)f  both  parties  resolved  to  depart  from  the  custom  of 


in 


AN  ORDERLY  ELECTION. 


748 


eir 

lot 


assessing  candidates  for  campaign  expenses,  wliioh 
were  covered  by  voluntary  subscriptions,  the  total  cost 
to  the  Kearney  party  being  less  than  $800. 

Despite  the  fears  of  tlie  citizens,  the  election  proved 
to  be  one  of  the  most  orderly  ever  iield  in  the 
country.  Conscious  of  the  need  for  united  action,  the 
Kearnevites  adhered  to  the  custom  of*  the  lower  ranks 
of  democrats,  to  vote  the  straight  ticket,  in  which  act 
they  were  encouraged  by  the  wives  and  daughters  of 
loading  men  in  tiie  party,  who  most  zealously  peddled 
tlie  anti-Chinese  ticket.  Adherents  of  other  parties 
exhibited  the  more  independent  action  of  weighing  the 
merits  of  candidates  for  themselves,  and  scratching 
considerablv. 

The  non-i)artisans  were  still  animated  bv  the  vigi- 
lant  s[)irit  which  had  so  lately  been  brought  into  play 
against  their  present  opponents,  and  were  extremely 
active,  printing  a  million  tickets,  and  mailing  them  to 
every  ])erson  in  the  city  and  county,  at  a  cost  of  more 
than  the  total  campaign  expenses  of  other  parties. 
Their  ticket  pedlers  were  also  out  in  force  at  an 
e(jually  large  cost,  and  it  w^as  asserted  by  oppc-sition 
papers  that  money  was  freely  used  to  buy  votes;  so 
much  so,  tliat  rumor  jilaced  their  expenditure  at  sev- 
eral hundred  thousand  dollars.  In  San  Francisco 
the  two  o[»position  labor  parties  concentrated  on  the 
Kearney  ticket  early  in  the  day,  and  some  democratic 
and  republican  votes  were  doubtless  influenced  in  its 
favor  by  the  polls  bulletins,  which  showed  the  growing 
preponderance  of  the  Kearneyites.  The  first  news 
from  the  interior  was  of  the  same  tenor;  so  that  even 
opposition  papers  were  willing  to  concede  their  victory 
througliout.  Of  course  the  joy  of  the  workingmen 
was  unbounded  for  several  days,  and  Kearney  an- 
nounced that  after  the  ratification  of  the  new  consti- 
tution, the  governor,  the  mayor  of  San  Francisco,  and 
all  the  judiciary  of  California  would  be  deposed  and 
leplaced  by  new  men.  When  the  later  corrected  re- 
turns came  in  from  the  polls,  the  Kearneyites  would 


i 


744 


THE  LABOR  AGITATION  OF  1877-8. 


not  for  ca  while  admit  their  accuracy,  and  the  leader 
of  course  cried  fraud.  If  the  ballot-box  has  been 
tampered  with,  he  said,  the  military  companies  of  the 
workingmeu  will  "organize  a  guerilla  warfare  that 
will  wrench  the  social  system  from  centre  to  circum- 
ference." The  nine-months-old  party  had,  however, 
every  reason  to  be  satisfied  with  the  imi)ortant  suc- 
cess achieved  in  carrying  their  county  ticket  in  San 
Francisco,  by  a  majority  of  over  5,000  out  of  a  total 
vote  of  som»i  21,000.  This,  together  with  the  votes 
gained  in  the  interior,  gave  them  51  out  of  the  152 
delegates  at  the  convention,  and  consequently  a  very 
respectable  influence. 

The  non-partisans  elected  81,  the  republicans  11, 
the  democrats  7,  and  the  independents  2,  the  first 
named  having  accordingly  a  majority  of  five  delegates 
in  the  convention.  Had  the  same  thorough  organiza- 
tion and  zealous  campaigning  been  carried  on  in  the 
interior  as  in  San  Francisco,  combined  with  greater 
moderation  in  language,  the  result  would  doubtless 
have  been  far  more  favorable.  As  it  was,  fully  one 
third  of  the  voters  did  not  attend,  chiefly  owing  to 
the  harvest,  the  total  vote  cast  in  the  state  being  less 
than  80,000.  The  lowest  average  vote  on  the  work- 
ingmen's  ticket  at  large  was  35,193,  while  the  non- 
jiartisans  received  39,881. 

The  body  which  achieved  the  victory  in  San  Fran- 
cisco estimated  its  adherents  at  nearly  15,000,  of  all 
trades  and  nationalities,  scattered  throughout  the 
twelve  wards  of  the  city,  each  with  two  to  eight  clubs. 
Clubs  could  not  be  organized  without  the  a[)proval  of 
the  other  clubs  in  the  ward,  and  of  the  central  execu- 
tive committee,  according  to  a  resolution  adoptetl 
}k[ar('h  ti,  1878.  Representation  had  also  been  ac- 
corded to  minors,  with  a  view  of  training  them  for 
the  duties  of  citizens;  and  in  the  twelfth  ward  a  club 
was  formed  in  April  1878  of  young  men  between  the 
ages  of  IG  and  21.  Every  interior  town  of  note  had 
one   or  more  clubs,  those    of  Oakland  possessing  a 


THE  NATIONAL  LABOR  PARTY. 


74S 


mcmljcrsliip  of  nearly  2,000,  and  one  of  the  clul)S  at 
Los  AiiL^eles  numbered  400  adherents.     The  working- 
men's  l)arty  had,  besides,  the  support  of  several  other 
semi-politieal  labor  associations.     The  socialistic  work- 
ingnien's  party  of  the  United  States,  which  claimed 
100,000  followers,  had  been  recoijfnized  by  Kearney, 
and  the  German  section  in  San  Francisco,  with  500 
members,  was  attended  by  Kearneyite  leaders.     Its 
chief  aims  were  to  substitute  cooperation  for  the  wage 
system,  to  overthrow   monopoly,  and  maintain  free- 
dom of  speech.     These  views  are  identical  with  those 
of  the  international  labor  union  of  America,  organized 
in   February  1878,  which  in  its  declaration  of  princi- 
ples   condemned   the  wage  system  as  des])otic,  as  a 
bondage,  tending  to  extremes  of  wealth  and  poverty, 
culture  and  ignorance.     Hence  the  first  reform  must 
be  a  reduction  of  the  hours  of  labor,  which  will  in- 
crease wages,  give  leisure,  enlarge  wants,  and  promote 
culture.     Among  the  chief  opponents  of  Kearney  in 
his  own  class  was  the  national  labor  party  of  Califor- 
nia, which  originated  in  the  San  Francisco  division, 
organized  in  midsummer  1877  by  De  Arcv.     It  was 
often  confounded  with  the  Kearncjntes,  and  had  re- 
peatedly to  disavow  the  connection,  denouncing  the 
incendiary  agitation  which  brought  business  depres- 
sion.     It  met  in  state  convention  January  18,  1878, 
and  perfected  the  organization:  but  being  too  weak 
to  stand  alone,  it  joined  the  non-partisans  at  the  June 
election.     The  clauses  of  its  platform  advocated  the 
control  of  railroads  and  telegraphs  by  the  govermnent; 
the  limitation  of  land  grants  to  actual  settlers;  the 
establishment  of  a  general  system  of  irrigation ;  com- 
pulsory and  purely  secular  education;  eiglit-hour  labor 
law;    and    stop[)age    of  Chinese    innnigration.     This 
body  was  distinct  from  the  national  union  party,  which 
was  not  a  workingmen's  association,  but  a  purely  polit- 
ical body,  organized   May  14,   1878.     The  Order  of 
Caucasians,  formed  in  April  187(5,  with  headquarters 
at  Sacramento,  gained  an  unenviable  notoriety  in  the 


74(3 


T]IK  LABOR   A(ilTATlON   OF    1877-8. 


wpiiug  of  1877  for  alleged  complicity  in  tlie  massacre 
of  C'hiiiamcii  at  Chico.  Its  first  constitution  contained 
several  stronof  anti-Chinese  clauses,  but  the  rules  wore 
moderated.  One;  clause  provided  that  members  must 
report  vacancies  in  all  departmenta  of  labor,  and  name 
those  wlio  employ  Chinamen.  It  was  opposed  to 
Keainey. 

In  the  spring  of  1878  Kearney  received  invitations 
to  visit  the  east,  but  the  impending  election  required 
his  presence  in  California  till  July.  In  this  month  he 
made  preparations  to  respond  to  the  call,  and  arranged 
a  concert,  which  realized  !§800  toward  the  expenses  of 
the  trip.  He  left  San  Francisco  on  July  21st,  amid 
the  farewell  cheers  of  some  3,000  adherents,  and  was 
greeted  with  similar  demonstrations  at  nearly  every 
station  on  the  route,  particularl}"^  in  California  and 
Nevada,  despite  his  dechiration  that  he  intended  to 
have  travelled  incognito.  The  object  of  his  journey 
was  partly  to  visit  his  aged  mother,  who  lived  at 
l^oston  with  several  of  her  sons,  but  chiefly  to  stir  up 
the  workingmen  in  the  eastern  states  to  united  action 
against  monopoly.  Many  of  the  eastern  press,  which 
regarded  Kearney  as  a  communist  rather  than  a  labor 
agitator,  expressed  their  contempt  for  the  man,  and 
apprehensions  for  the  effect  of  his  tirades  on  the 
laboring  classes,  which  had  so  lately  been  in  arms 
against  their  employers.  They  had  good  reasons  for 
the  feeling,  since  tliere  can  be  no  doubt  that  the  nine 
months'  agitation  in  California,  attended  by  incendiary 
utterances  and  culls  to  arms,  had  kept  the  low  elements 
of  society  at  fever  heat.  State  and  nmnicipal  officers 
had  l)een  threatened  with  assassination,  the  city  with 
anniliilation  by  sword  and  fire,  and  property  with 
confiscati(m;  and  this  by  men  who  a  ere  shielded  by  a 
party  claiming  st)me  15,000  meinber.s  in  San  Francisco 
alone. 

It  is  worthy  of  note  that  the  great  mass  of  these 
men  were  not  Americans,  accustomea  to  reason  and 


RULE  OF  THE   lIUNTxRY. 


747 


self-c^nitrol,  but  bluHtciint;'  foreigners,  letl  l>y  an  un- 
naturalized Englishman,  a  recently  arrived  Irishman, 
and  similar  low,  ignorant  aliens  who  broadly  pro- 
claimed their  determination  to  drive  from  America 
another  class  of  foreigners  claiming  an  equal  right  to 
liospitality.  The  audacity  of  it  was  exceeded  only  by 
its  insolence.  San  Francisco  was  already  s})oken  of 
in  the  east  as  tlie  '  turbulent  city,'  and  the  men  who 
had  helped  to  make  it  so  could  not  be  regarded  as 
desirable  visitors.  Perhaps  the  predictions  of  Ma- 
caulay,  in  his  famous  letter  on  American  institutions,  in 
1857,  were  before  the  minds  of  the  alarmed  journalists 
when  they  spoke  of  Kearney's  coming.  "The  day 
will  come,"  he  nays,  "when  in  the  state  of  New  York 
a  multitude  of  peo])le,  none  of  whom  has  had  more 
than  half  a  breakfast,  or  expects  to  have  more  than 
half  a  dinner,  will  choose  a  legislature.  Is  it  possible 
to  doubt  what  sort  of  a  leijfislature  will  be  chosen  f 
On  the  one  side  a  statesman  preaching  patience,  re- 
spect for  vested  rights,  strict  observance  of  public  laith. 
On  the  other,  the  demagogue  ranting  about  tyranny 
of  capitalists  and  usurers,  and  asking  why  an}' body 
should  be  permitted  to  drink  champagne  and  ride  in 
a  carriage  while  thousands  of  honest  folks  are  in  want 
of  necessaries.  Which  of  the  two  candidates  is  likelv 
CO  be  preferred  by  a  workingman  who  hears  his 
children  cry  for  more  bread  ?  .  .  .  .  There  will  be,  I 
fear,  spoliation.  The  spoliation  will  increase  the  dis- 
tress. There  is  nothing  to  stop  you.  Your  constitu- 
tion is  all  sail  and  no  anchor.  Either  some  Cfesar 
or  Xapoleon  will  seize  the  reins  of  governinent  with 
a  strong  hand,  or  your  republic  will  be  as  fearfully 
plundered  and  laid  waste  by  barbarians  hi  the  twentieth 
century  as  the  Roman  empire  was  in  the  Hfth;  witli 
this  difference,  that  the  Huns  and  Vandals  who  rav- 
aged the  Roman  empire  came  from  without,  and  that 
your  Huns  and  Vandals  will  have  been  engendered 
within  your  country  by  your  own  institutions." 


748 


THE  LABOR  AGITATION  OP  1877-8. 


it 


We  may  take  this  for  what  it  is  worth;  but 
requires  no  Macaulay,  or  Jonah,  or  St  John  to  predict 
with  certainty  for  this  rcpubhc,  long  before  tlie  close 
of  the  twentieth  century,  disintegration  and  death,  if 
the  diseases  of  demagogy,  intellectual  prostitution, 
unjust  monopoly,  and  political  and  social  corruption 
be  not  checked. 


INDEX. 


Anrdn,  oxccutcd,  i.  744. 

Aboil,  Justiue,  tries  Tom  the  Spaniar;! . 

i.  «:u-2. 

Aljrod,  R.,  slain  by  Pueblos,  i.  735. 
Acliil,  execution  of,  i.  744. 
Alia  County  Volunteers,  i.  G67. 
Adair,  (ien.,  collector  of  customs,  i. 

«-24. 
Adams,  arrested,  i.  .'^72. 
Adams,  C,  see  Inkstcr,  i.  641. 
Ayuilar,  siiot  by  mob,  i.  7-8. 
Agnilar,  S.,  execution  of,  i.  745. 
Aiken,  Dr  1).,  opposes  mob,  i.  584. 
Alarid,  .f.  M.,  slain  by  Pueblos,  i.  735. 
Alaska,  tril)nnals  in,  i.  6.50-3. 
Albert,  J.,  escapes  Pueblos,  i.  740. 
Alcaldes,  duties  and  qualifications,  i. 

52-4. 
Alcoty,  Father,  Cora's  imprisonmen>, 

ii.,  2;!3. 
Alcuirin,  executed,  i.  744. 
Aldrich,  D.,  arrested  by  Vig.  Com., 

ii.  280;  expelled  state,  ii.  509,  501. 
Alegria,  D.,  maltreated  by  Hounds,  i. 

95. 
Aleinany,  Archbishop,  Casey's  impris- 
onment, ii.  228,  235. 
Aleuts,  kill  Koloshes,  i.,  650. 
Alexander,    F.,    pursues  banditti,   i. 

400. 
Alexander,  J.,  killing  of,  i.  519. 
Aliprts,  A.,  rescucil  from  jail,  i.  Gl-2. 
Aliprts,  !>.,  murderer,  shot,  i.  G3-G. 
Allen,  A.  J.,  hanging  of,  i.  718. 
Al'en,  C  (Visaliai,  nmrder  of,  i.  473. 
Allen,  ('.  (Idaho),  murder  of,  i.  657-9. 
Allen,  J.,  commissioner  to  Vig.  Com., 

ii.  452-5. 
Allen,  Major,  quells  riot,  i.  653. 
Almond,  W.  B.,  judge,  i.  107. 
Ahop  and  Co. ,  threatened  by  mob,  i. 

399-400. 
Alvarado,    Comandante    in    Cal.,    i. 

745-6. 
Alvarez,  M.,  assaulted,  i.  73G-7. 


Alvitrc,  J.   C,   lianged  by  mob,   i. 

'>G5-6. 
A' vitro  (L.  A.),  hanged  by  vigilants, 

i.  494. 
Anastasio,  J.,  hanging  of,  i.  478. 
Anderson,  15.,  manajrcs  a  thief,  i.  625, 
Anderson,  W.,  viee-prest.,  regulators, 

i.  92. 
Andreuflfski  Fort,  taken  by  natives,  i. 

650. 
Andrt's,  JosC,  execution  of,  i.  744. 
Andrews,  W.  C.  15. ,  director  polico, 

Vig.  Com.,  ii.    113;   charged  with 

piracy,  ii.  502. 
Angel  Camp,  mob,  i.  .555. 
Annan  W.  C,  on  Exec.  Com.  Vig.,  i. 

394. 
Anti-house-thief  Association,  the,  and 

its  object,  i.  719. 
Antonio,  Indian,  shot,  i.  744. 
Aiajo,  J.,  hanged  by  mob,  i.  .575. 
Araujo,  V.,  leader  of  vigilants,  i.  64. 
Arballo,  I.,  delivers  ciiun-ade,  i.  62. 
Archambault,  P.,  hanging  of,  i.  .541-  2. 
Ardillcro,  F.,  hanged  by  vigilants,  i. 

501-2. 
Argenti,  Vig.  Com.  in,  i.  700. 
Argenti,  F.,  with  vig.  police,  i.  3.56; 

on  Fxec.  Com.,  i.  394. 
ArgUello  (L.   A.),  administration,   i. 

744. 
Arias,  F.,  hanged  by  mob,  i.  573. 
Arizona,  as  a  held  for  robber's,  i.  52 ; 

pop.  trib.  in,  i.  722-.34. 
Arizona  City,  early  growth,  i.  724. 
Armijo,  M.,  defeats  Pueblos,  i.  735; 

made  gov.,  i.  7.'>6. 
Armstrong  (Angel  Camp),  murder  of, 

i.  555. 
Armstrong   (Bear    River),   killed   by 

rioters,  i.  718. 
Arrentrue,  .T.,  see  Whittaker's  con- 
fession, i.,  .S46;  indicted,  i.  374. 
Arrillaga,  Jon6  de,  administration  of, 

i.  744. 
Arrington,   A.,  King's  assassination, 

ii.  03. 

(V49) 


730 


INDEX. 


Arrington.  N.  0.,  on  Vig.  Com,,  ii.  73, 

8U;  on   I'acc.  <'iiin.,  ii.  1 13;  bumls- 

nmii  for  I'liiid,  ii.  illM. 
Ai'/iiga,  M.,  liiulf-Tof  vigilantB,  i.  04. 
Asht!,  It.   1*. ,  oitposcH  vig.  police,  ii. 

377-S,  3s;{-5,  41)3;  Tony's  trial,  ii. 

40.".,  4-2-2. 
Astoria,  pop.  trili. ,  i.  (i'24. 
Atuniixio,  cxrcntioii  of,  i.  744-5. 
Aul)iiru,  iiiol),  i.  .'((i'i. 
Aiihurn  (Or.),  niol»  in,  i.  03(>-3, 
Aurora,  Citizuiia'  rrotcctive  Union,  i. 

t)02;  crinn',  i.  (S!);W>. 
Austruliu,  Vig.  Com.  in,  i.  19-20. 


B 


Backus,  R.,  in  San  Quentin,  ii.  193, 

270. 
Badv'cr,  J.  B.,  on  Vig.  Com.,  ii.  .'iSl. 
Badillo,  F.,  executed  by  mob,  i.  482. 
1  Jaggs,  C.  S.,  on  pop.  trib.,  i.  078. 
Bagley,  J,  W.,   mention,   ii.  35,  38; 

arrest  and  o.xile,  ii.  272,  348,  528. 
Baker  (.Vrizona),  murder  of,  i.  720. 
]>idver  (Brown  Bar),  killed,  i.  105. 
Baker  &.  Co.,  merchants,  ii.  80. 
Baker,  C.   K.,  killed  by  banditti,  i. 

499. 
Baker,    E.    D.,   guards  jail,    ii.   290; 

licuici.i  conference,  ii.  300;  opposes 

Vig.  Com.,  ii.  325. 
Baker,  E.,  Vig.  Com.,  ii.  531. 
liaker,  U.,  hanged  by  mob,  i.  IGG. 
Bnkcrsfield,  niol),  i.  473,  .')09. 
Baldwin,  (i.,  killing  of,  i.  420-8. 
Ball  (8.  F.),  maltreated,  i.  340. 
15all,  (J.,  mcml'crMarysville  vigilants, 

i.  454. 
Ball,  S. ,  men.  'cr  vigilants,  i.  082. 
Ballard,  Cov.(  Idaho),  i.  071. 
liallot-liox,  stuiling,  ii.  1-21;  plans  to 

protect,  ii.  040-4. 
Baltasar,  execution  of,  i.  744. 
Barutie,  murder  of,  i.  487. 
liarclay,  J.,  hanged  by  mob,  i.  548-53. 
Barclay,    Martha,    Smith's  death,    i. 

547-9. 
] barker,  on  Exec.  Vig.  Com.,  i.  441. 
Bailow,  counsel  for  Truett,  ii.  012. 
Barnard,  E.,  lianjied,  i.  717. 
1  ^arnliart,  ( '. , nunderer,  hanged,  i. 500. 
Barry,  I).  W.,  on  vii'.  police,  ii.  377-9. 
I'arrj',  1'.,  counsel  for  Hounds,  i.  100. 
]5arton,  ,1.  11.,  slicrill',  killed  by  ban- 
ditti, i.  4(t9-.')00. 
Baston  de  justicia,  staff  of  justice,  i.  ,53. 
Baxter,  Cupt.,  McCaulcy's  hanging, 

i.   1U9. 
Baxter,  J.,  liau;,fed  by  mob,  i.  104. 


Beach,  II.,  member  vigilants,  i.  4.')4. 

l>eachy,  Hill,  stage-agent,  upprehendd 
nnirderers,  i.  OUl-3. 

IWan,  Maj.  (ien.  J.  I(,,  assassinated, 
i.  491. 

Bear  River  City,  pop.  trib.  in,  i.  070-1. 

Beatty,  killing  of,  i.  94. 

Becker,  I'.,  murdered,  i.  748. 

Btidler,  .1.  X.,  tiiief-taker.  i.  702-4. 

Bell,  A.  W.,  vice-prust.  Vig.  Com., 
ii.  113. 

Bell,  J.,  murder  of,  i.  51 1. 

Belmont,  mob,  i.  019-21). 

Bells,  historic,  Moiiuniental  Engine 
House,  i.  125-0;  Cal.  Company's,  i. 
120. 

Bcnham,  C,  defends  .Tansen  robbers, 
i.  189;  oppij.sesVig.  Com.,ii.  325-0; 
Terry's  trial,  ii.  405. 

Benicia,  feud  with  Napa,  i.  100-70; 
conferciice  nt,  ii.  300-10. 

Benser,  J.,  murder  of,  i.  700. 

Bent,  Gov.,  slain  by  I'uiblos,  i.  738. 

Bei|uette,  1'.,  addresses  Vig.  Com.,  ii. 
407. 

Bergh,  land  jumper,  i.  041. 

Berryessa,  1),,  executed  by  vigilants, 
i.  470,  503. 

Big  Canon,  pop.  ti'ib.  in,  i,  .523. 

Bi-ler,  J.,  aa  gov.,  i.  100,  453,  539   1^^. 

Bill,  Tempiuto,  hanged,  i.  019-20. 

Billings,  guards  jail,  ii.  290. 

Bird,  W.,  murderer,  rescued,  i.  0.52-3. 

Bis.scH,  E.  W.  P.,  Benicia  conference, 
ii.  307. 

Bissi,  hanged  by  mob,  1.  145. 

Black,  shooting  of,  i.  045. 

lilackburn,  stage-robber,  i.  715. 

Bluck  list,  Vig.  Com.,  ii.  281,  348, 
352,  527. 

Blackstone,  opinion  of  law,  i.  29. 

Blanehard,  G.,  hanged  by  mob,  i. 
570. 

Blanco,  M.,  murderer,  i.  487. 

Blanding,  \V.,  prosecutes  Durkee,  ii. 
505. 

Bluxome,  I.  jun.,  visited  by  Hounds,  i. 
82-3;  chosen  captain,  i.  98;  op- 
poses Regulators,  i.  99;  sec'y  Vig. 
Com.,  1851,  i.  219,284;  ii.  19;  1850, 
ii.  7.5,  97,  111,  11.3,  130-1;  char- 
acter, i.  250-2;  Burdue's  trial,  i. 
270;  a  spy  in  jail,  i.  301 ;  seizure  of 
Whittaker,i.  303;  King's  assassina- 
tion, ii.  03;  Terry's  release,  ii.  474; 
resigns  as  sec'y,  ii.  541. 

Board  of  I'ublic  Safety,  see  .Junta  De- 
fensora  de  la  Seguridad  Publica,  i. 
04. 

Bois6  Co.,  crime  in,  i.  000. 


INDEX. 


751 


Bond,  merchant,  ii.  SO. 

IJoiiuey,  1'".,  Iiaiiued,  i.  7J8. 

It.ircl,  M.,  iniirik'i-  (jf,  i.  4S5-7. 

ISoi'ica,  L>.  de,  udniinistrutiun  of,  i. 
744. 

l>()ssaiigo,  L.,  on  KxL'u.  Com.  Vig.,  ii. 
II.');  niakuH  an  arrest,  ii.  '282-3. 

Ho.suorlli,  nicrciiaiit,  ii.  )Sl. 

JJdtliwuil,  W.,  udilrussfs  Vig.  Com., 
ii.  41)7. 

liourlaiid,  Siieriff,  pursues  horse- 
tiiieves,  i.  CAiH. 

lioiitwell,  K.  IS.,  commands  the  John 
Adaniij,  ii.  'JIW;  addresses  Vig.  Com. 
and  gov.,  ii.  410-11;  letter  on  Vig. 
Com.,  ii.  570-1;  career,  ii.  0(H). 

15()v\io,  opposes  vig.  police,  ii.  .'J77. 

IJowic.  H.  Ii. ,  judge,  Jani^en  robbers, 
i.  ISO. 

IJowiner,  Judge,  opposes  the  m..l, 
r)r)4. 

Boyd,  l'\,  whipping  of,  i.  527. 

])<)/i'Uian,  pop.  trih.  in,  i.  712. 

Brahiiry,  A.,  in  nmb's  hands.  ."    518. 

Brace  1'.,  on  black  list,  ii.  .  1;  trial 
ami  execution  of,  ii.  487-90. 

Bracy,  A.,  hanged  by  mob,  i.  .502. 

Brad.sliaw,  ('  M.,  on  Washington  ^'ig. 
Com.,  i.  ();;0-4'). 

Brady,  J.,  Truett'.i  trial,  ii.  (il2. 

Brady,  James,  murderer,  hanged  by 
vigilants.  i.  (iOJ-.*). 

Bragp,',  merchant,  ii.  80. 

Brannan,  Sam.,  oi)poses  regulators,  1. 
H7-8;  at  Sutter's  Fort,!.  150;  forma- 
tion Vig.  Com.,  1851,  i.  20(>-10,  210- 
17;  prest.Vig.  (,'om.,  i.  218;  Jenkins' 
execution,  i.  2I!3,  215(5-38;  resigns 
Vig.  Com.,  i.  245;  member  Exec. 
Com.,  i.  394;  Bichardson's  nuirder, 
ii.  30;  character,  ii.  115-17. 

Brannigan,  .M.,  expelled  state,  ii.  282, 
348,  505;  career,  ii.  G03-4. 

Brcniiam,  (!.  J.,  mayor,  proclamation, 
i.  323-4;  opposes  Vig.  Com.,  i.  350-1, 
354;  pueblo  papers,  ii.  518. 

Brewster,  11.  E.,  merchant,  ii.  80. 

Briggs,  escapes  vigilants,  i.  374-5. 

Britisli  Columbia,  pop.  trib.  in,  i. 
044-0. 

Brittan,  Mrs  L.  C. ,  expelled  Mono 
(.'o. ,  i.  571. 

Brittan,  J.  W.,  on  Exec.  Vig.  Com., 
ii.  113;  character,  ii.  131;  bonds- 
man for  Durkee,  ii.  504. 

Brockclbauk,  A.  M.,  on  Vig.  Com.,  i. 
587. 

Broderick,  D.  C.  opposes  Vig.  Com., 
i.  232,  257,  310-00;  ii.  .324. 

Bronfeon,  opposes  ^  ig.  Com.,  ii.  325. 


Brooks,  B.  S.,  presentation  speech,  i. 

382. 
Brook><,  J.,  killed,  i.  748. 
Drown,  robber  ca|it.,  liani;ed,  i.  54.'i. 
Brown  and  wit'c,  murtU'red,  i.  710. 
Brown,  scc'y,  riummer'sgang,  hanged 

by  vigilants,  i.  (iSl. 
Brown,  1).,  murderer,  hanged  by  citi- 
zens, i.  404-(i. 
Broun,  H.  S.,  justice,  resigns,  i.  330; 

on  Exec.  Vig.  Com.,  ii.  11,'!,  178. 
Brown,  Lieut.,  murder  of,  i.  737. 
Urundridgc,  S.,  killing  of,  i.  5.'>4. 
Bryant,  J.  J.,  candidate  tor  sheriff,  i. 

108. 
Bryerly,  on  the  times,  ii.  .328. 
Buchanan,  Sliciill'  R.  1».,  attacks  Joa- 
quin Muricta's  camp,  i.  4.".'»-(i. 
Buckley,  capture  uud  bunging  of,  i. 

mi,  00.V7. 
Buckner,   It.   Ii.,  sec'y  Vig.  Com.,  i. 

475. 
Bull'um,  E.  (.1.,  opposes  mob,  i.  145. 
Bulger,    I'  ,    c.\pi:lled    state,    ii.   270, 

2sl,  5J7;   return,  arrest,   trial,   ii. 
i      .■;J.j-5. 
Bummer's  Bill,  the,  discussion  of,  ii. 

639-1. 
Bnnton,  Bill, road-agent,  i.G8l ;  hanged 

by  vigilants,  i.  080. 
Durbank,  C.,  defends  Vig.  Com.,   ii. 

029. 
Burduo-Stuari,Th'~>=  ,  irrestand  trials, 

i.  181-200,  2ii0-72. 
Durgoync,  Bciij  ,  treas.  S.  F.,  i.  110. 
Burke,    J.,    expelled   state,    ii.    281, 

592. 
Burke,  M.  <T.,  on  Exec.  Vig.  Com.,  ii. 

113,  131. 
Biu'law,  form  of  rural  law,  i.  4. 
Burling,  W.,  on  Exec.  Vig.  Com.,  i. 

394. 
Burns,  A.  M.,  on  Vig.  Com.,  ii.  73-."), 

89,  90;  director  of  police,  ii.   113; 

heljjs  take  jad,  ii.  180,  193;  in  coun- 
cil, ii.  229;  arrests  Cunningham,  ii. 

283;  Terry's  trial,  ii.  473. 
Burns,  James,  see  Jinuny-from-Town, 

i.  .37-2. 
Burr,  E.   AV.,  prest.   supervisors,   ii. 

048. 
Burt,  S.,  hanging  of,  i.  020. 
Butron,  ^I.,  nuu'der  of,  i.  575. 
Butte  Co.,  mob  in,  i.  501. 
Byam,  Judy;o,  on  pop.  trib,,  i.  078. 
]>vrne,  dist. -atty.,  rc(piested  to  resign, 

'ii.  440. 
15yrue,L.,  deputy-sheriff,  Casey's  trial, 

ii.  47. 
Byrnes,  T.,  hanged,  1.  748. 


752 


INDEX. 


C 


Cal.abozo,  Spanish  prison,  i.  54. 

Calaveras,  mob  in,  i.  5'J9,  557. 

Calhoun,  seizure  of  Whittakcr,  i.  362. 

Cal.ifoinia,  early  socictj',  i.  41,  5G; 
crime,  under  Mex.  llep. ,  i.  61-3; 
pop.  trib.  under  Mex.  rule,  i.  62-6; 
chaiacter  of  settlers,  1S48,  i.  66-71; 
eft'ect  of  gold  discoveries,  i.  66-8; 
absence  of  law,  i.  67-70;  society  in 
the  nunes,  1849,  i.  71-3;  military 
rule  in,  i.  103-7;  advent  of  law,  i. 
10;)-12,  431;  adoption  of  constitu- 
tion, i.  107;  character  of  oificials, 
i.  Ill;  crime,  characteristics  of,  i. 
11.VJ8,  4.32,  515-70;  causes  of,  i. 
73;  ii.  690-1 ;  methods  of  punish- 
ments, i.  122-3;  early  courts  of 
justice,  i.  120-7;  disorganized  by 
law  and  politics,  i.  129-41;  incen- 
diarism, i.  162;  early  Imsiness  life, 
1.  179;  chai'acter  of  inimitjration, 
1851,  i.  258-9;  regarded  "by  the 
world,  1851,  i.  407-28;  1850,  ii.  548- 
59;  legal  executions  prior  to  1847,  i. 
743-6;  cause  of  troubles,  1856,  ii. 
634;  as  a  field  for  Vig.  Com.,  ii. 
668-91 ;  labor  fiucstiou.  it  696-748. 

California,  steamship,  enters  8.  F.  Bay, 
1849,  ii.  105. 

California  Chronicle,  compared  with 
Herald,  ii.  200. 

Callalian,  P.,  killed,  i.  009. 

Campbell,  .T.,  murderer,  i.  465-6. 

Campl)ell,  .fudge,  charges  grand-jury 
on  Vig.  Com. ;  comments  on,  i.,  326- 
30;  opjioLscs  Vig.  Com.,  ii.  .324-6. 

Campbell,  T.,  address  Vig.  Com.,  ii. 
4;)lj  7. 

Cannon,  .Too,  murder  of,  i.  578-83. 

Canosky,  murderer,  lianging  of,  i. 
458-9. 

Canu,  A.,  hanging  of,  i.  541-2. 

Capcrton,  dep.-slierilF,  rescues  pria- 
oners.,  i.  350,  353-4. 

Capprice,  .J.,  vig.  police,  ii.  377. 

Cardey,  .Justice,  i.  530. 

Cariboo,  lawlessness  in,  i.«049. 

('arponter,  (?.,  leads  mob,  i.  ."41. 

Carr,  W.,  expelled  .state.ii.,  272,  277- 
9,  2SI,  .■)97;  career,  ii.  001. 

Carrico,  delivered  by  mol>,  i.  .529. 

Carrillo,  J.  1!.,  assassinated,  i.  508. 

Carrol,  .1.,  kil'cd,  i.  44S. 

Car.son  City,  crime  in,  i.  598-000;  Vig. 
Com..  {."620. 

Car.son  Valh/y,  Vig.  Com.  in,  i.  59.3-9. 

Carter,  A  .  road-agent,  i.  081;  hanged 
by  vigilunts,  i.  086. 


CartwTight,  J,  W.,  on  vig.  poliec,  L 
350;  Whittaker's  seizure,  i.  302, 
304;  on  Exec.  Com.,  i.  394. 

Case,  C.  L.,  on  Exec.  Vig.  Com.,  ii. 
113,  394. 

Casey,  J.  P.,  incidental  mention,  ii.  6, 
33,  35;  assassinates  King  of  Wm., 
ii.  39-41;  character  and  life,  ii.4l-5i 
escapes  mob,  ii.  57-8;  seized  by  ^'ig. 
Com.,  ii.,  180-92;  trial,  execution, 
burial,  ii.  226-43,  281. 

Castle  Bros.,  merchants,  ii.  80. 

Castrcc,  Justice,  requested  to  resign, 
ii.  440. 

Ca.stro  (Monterey),  orders  execution, 
i.  745. 

Castro,  Jose  (S.  L.  Obispo),  judge  pop. 
trib.,  i.  485. 

Cattle-stealing,  i.  725-6,  741. 

Caulfield,  H.,  attacks  Judge  Wilson,  i. 
447. 

Ceredcl,  murderer,  hanged  by  vigilauts, 
i.  507. 

Chalmers  Bros.,  murder  of,  i.  657-9. 

Chamalis,  J.,  hanged  liy  mol),  i.  573. 

Chandjerlain,  Justice,  requested  to  re- 
sign, ii.  446. 

Chai'ley,  Spanish,  hanged  l)y pop.  trili. , 
i.  533. 

Chase,  arrest  and  hanging  of,  i.  508-9. 

Cherry  Creek,  mob,  i.  620. 

Chcsley,  on  Exec.  Vig.  Com.,  i.  441. 

Cheverino,  in  mob's  hands,  i.  524-5. 

Cheyenne  Vig.  Com., method  of,  i.  714. 

Chileans,  persecutions  of,  i.  92,  95-0, 
101,  .553. 

Chilicotens,  murder  whites,  i.  648. 

Chilkats,  threaten  whites,  i.  051. 

Chin  Mook  Sow,  hanged,  i.  748. 

China  Town,  location  in  8.  E. ,  i.  74. 

Chinese,  before  Vig.  Com.,  i.  37S-9; 
hanging  murderer.^  of,  i.  171,  527; 
thievish,  i.  530,  5.34,  5()2,  ."i(i:)-70; 
attacked,  i.  171,  5.30,  012,  043 
hanged,  i.  557,  507,  748;  murderers, 
i.  502,  507;  bc:ielited  by  Vig.  Cmn., 
ii.  002;  agitation,  ii.  704-40. 

Chivalry  Tarty.  See  Law  and  order 
party. 

Chung  A^  ong.  hanged,  i.  /48. 

Citizen  I'olice,  formed  1851,  i.  451. 

Citizens' <; ward,  ii.  179,  385. 

Citizens'  Protective  Union,  organi- 
zation and  work,  i.  002-9. 

Clapp,  Marshal,  opposes  mob,  i.  516. 

Clare,  J.,  hanged  by  mob,  i.  532-3. 

Clark,  nuu'der  of,  i.  740. 

Clark,  (!en.,  ii'  Santa  Barliara,  i.  4S5. 

Clark,  .J.  C,  nuirdercr,  hangiiig  i',  i. 
007. 


INDEX. 


753 


Clarkson,  J.  C,  hfiirred,  i.  T4S. 

Claugl.lcy,  J.,  (Ill  l.liuk  list,  ii.  34S. 

(,'!avtoii,  .1 .,  cliaiiiimn  vigilants,  i.  475. 

ClilVurd,  niuideii'd,  i.  494. 

Clifl'ord,  J.,  ox])ellod  state,  i.  639. 

Cloverdale,  mob,  i.  573. 

Cobb,  H.  A.,  01)  Exec.  Vig.  Com.,  i. 
394. 

Cogill,  J.  H.,  merchant,  ii.  80. 

(/o2'roth,  J.  W.,  opposes  mob,  i.  537; 
counsel  for  pop.  trib.,  i.  549-52. 

Cole,  ]Jr  ]{.  ]j.,  on  Yig.  Com.,  ii.  70, 
94,  113;  character,  ii.  1'29;  prescribes 
for  Hopkins,  ii.  428-9;  Terry's  trial, 
ii.  4,'{S;  attends  condemned  prison- 
ers, ii.  4(/8. 

Cole,  I.,  attacks  Mr  Ball,  i,  340;  on 
black  list,  ii.  348. 

Colcbrook,  (.'.,  hanged  by  mob,  i.  555. 

(.'olemaii,  T.,  killing  of,  i.  009-10. 

Coleman,  W.  T. ,  affair  of  Burdue- 
Stuart,  i.  187-90;  Jenkins'  execu- 
tion, i.  23.3-4;  Stuart's  trial  by  Vig. 
Com.,  i.  280;  on  Exec.  Vig.  Com., 
1851,  i.  242,  394;  foj-mation  Vig. 
Com.,  lSr)0,  ii.  03-5,  70-8;  prest., 
ii.  SG-7,  11.'!,  5.32;  King's  assassina- 
tion, ii.  03-5;  character,  ii.  117-21; 
interview  with  gov.,  ii.  100-9,  581- 
4;  liCips  take  jail,  ii.  189-91;  view 
of  IScnicia  conference,  ii.  309-10; 
Terry's  trial,  ii.  437,  439-40;  view 
of  Terry's  trial  and  release,  ii.  472- 
7;  Brace's  trial,  ii.  492;  inquest  of 
Brace  and  Hetherington,  ii.  499- 
500;  goes  cast,  ii.  Oil;  arrest  and 
trial,  ii.  012-18;  riot,  1877-8,  ii.  707. 

Collins,  hanged  by  vigilants,  i.  ()!)7-8. 

Coloma,  mob,  i.  o24. 

Columbia,  Vig.  Com.,  i.  409-70;  mob 
in,  i.  534,  .5.30,  .■)47-53,  503. 

Colusa  Co.,  mob  in,  i.  570. 

Coinanclips,  attack  trains,  i.  737. 

Committee  of  (icneral  .Security,  estab- 
lished, 1793,  i.  5. 

Committee  of  Public  Safety,  estab- 
lished, 179.3,  i.  5. 

Compton,  A.  L.,  tried  and  hanged  by 
pop.  trib.,  i.  707-12. 

Conkling,  W.  E. ,  in  hands  of  vigilants, 
i.  470. 

Consolidation  Act,  the,  of  S.  F.,  ii. 
045. 

Contra  Costa,  mob  in,  i.  541-2. 

Convicts,  English,  inCal.,  i.  7.3-5. 

Coon,  It.  1'.,  comments  on  public 
artairs,  ii.  3-4;  jndgc  police  court, 
ii.  045;  police  commissioner,  ii. 
040-7;  mayor,  ii.  048. 

Cooney,  J.,  c.\pclled  stjite,  ii.  r>92-5. 
Pop.  Tbib  ,  Vol.  H.    18 


Cooper  (Bcnicia),  McCanley's  hang- 
ing, i.  108-9. 

Cooper,  J.,  road-agent,  i.  681;  hanged 
l)y  vigilants,  i.  087. 

Coopwood,  B.,  hunts  banditti,  i.  500. 

Coply,  G.  W.,  vigilant,  shot,  i.  082. 

Cora,  thief,  shooting  of,  i.  734. 

Cora,  Belle,  marries  Cora,  ii.  233;  at 
Cora's  execution  and  funen.,1,  ii.  238 
-43. 

Cora,  Chas.,  kills  Richardson,  ii.  29- 
31;  in  law's  hands,  ii.  30-4;  seized 
by  Vig.  Com.,  ii.  192;  trial,  execu- 
tion, burial,  ii.  226-43,  281. 

Cordcba,  L.,  hanging  of,  i.  730. 

Cornwall,  P.  B.,  prest.  Vig.  Com.,  i. 
441. 

Coulters-ille,  mob,  i.  553. 

Council  of  the  Ancients,  nature,  i. 
3,  4. 

Council  of  Castile,  nature,  i.  4. 

Council  of  Five  Hundred,  nature,  L 
3-4. 

Council  of  Ten,  history,  i.  3. 

Courtof  the  First  Instance,  established, 
i.  107. 

Covari'ubias,  Gen.,  McGowan's  flight, 
ii.  253,  255. 

Cowan,  T.,  murderer,  i.  407. 

Cowper  law,  term  for  peculiar  punish- 
ment, i.  3. 

Cracovitch,  A.,  murder  of,  i.  532. 

Cradlebaugh,  .Judge,  i.  0()0. 

Craft,  A.,  expelled  stiito,  ii.  281-2, 
592. 

Crary,  O.  B.,  King's  assassination, 
ii.  02;  on  Vig.  Com.,  ii.  90,  11.".; 
character,  ii.  128;  Terry's  trial,  ii. 
471. 

Cremony,  J.  C,  editor,  ii.  208. 

Crime,  causes  in  S.  F.,  i.  2,')-7 ;  in 
Cal.,  i.  73;  ii.  090-1;  Cal.,  under 
Mex.  Rep.,  i.  (it  -2;  characteri.-itii-i 
of,  Cal.,  i.  11.3-28;  record,  Cal.,  i. 
131-2;  S.  F..  1850,  i.  1.37;  1851,  i. 
201-4,  .307-78;  18.j2,  ii.  18;  Cal., 
i.  100-78,  432,  433-570;  action  of 
vigilants  on,  1S.")1,  i.  -i.-jS,  203;  IS.'ili, 
ii.  543-4;  0.39-03;  Sac.  18.'.I,  i. 
442-8;  Stockton.  IS.".],  i,  449-.".3; 
Marysville,  i.  45.3-0;  Shasta  Co. ,  i. 
4.")7-8;  Eos  Angeles,  i.  4!t3r.ll; 
Utah  and  Nevada,  i.  593-021;  Ma- 
ho,  i.  0.">4-73;  Montana,  i.  07'>-7l'II; 
Arizona,  i.  722-34;  New  M(x.,  i. 
734-43. 

Criminal  statistics,  S.  F.,  1S,")1,  i.  317. 

Criminals,  advent  anil  life,  ( 'al.,  72  .".; 
exodus,  S.  F.,  1851,  i.  4.37-0:  is.-.i), 
ii.  049. 


784 


INDEX. 


Crittcndon,  A.  P.,  character,  i.  588-9; 

niurck'r  of,  i.  590;  Teny's  trial,  ii. 

40.'),  4.-)4. 
Crockett,  J.  B.,  before  Vig.  Com.,  ii. 

.304 ;  mediator  Vig.  Com.  and  state 

antlioritics,  ii.   306-8;  counsel  for 

Durkco,  ii.  r)04-5. 
Cronin,  R.,  execution  of,  i.  ir)5-C. 
Crouchet,  J.,  hanging  of ,  i.  (i99-700. 
Crowe,  J.,  Oil  black  list,  ii.  281,  348. 
(.'rowning,  robbed,  i.  4C9. 
Cru/,  D. ,  uialtrcated  byHounds,  i.  95. 
C'ueto,  P.,  opposes  regulators,  i.  92-3. 
Cunningli.'im,  T.  B.,  on  black  list,  ii. 

'2S1  ;  arrest,  ii.  283;  trial  and  exile, 

ii.  352-3,  509,  591. 
Curry,  L.,  hanging  of,  i.  718. 
Curtifi,  J.  F.,  seizure  of  AVhittaker,  1. 

33(J ;  builds  Fort  Gunnybags,  ii.  107; 

on  vig.  police,  ii.   113,  (145;  helps 

take  jnil,  ii.  183;  parade  Vig.  Com. 

ii.  531. 
Cujiliing,  R.,  on  black  list,  ii.  348. 
Cufiiok,  .J.,  warned  out  of  state,  ii. 

348,  528. 
Cutler,  Rev.,  King's  funeral,  ii.  237. 


Pub,  FCC  Stuart's  confession,  i.  292; 

captured  by  vigi'ants,  i.  373. 
l^ak'v,  C.  F.,  killed  by  banditti,  i. 

49!  I  .")()0. 
Daly,  hanging  of,  i.  003. 
])aniewoo(l,  B.,  history  and  hanging 

of,  i.  508-9. 
I)aniel,  P.,  hanging  of.  i.  .")04-fi. 
I)aniels,  .J.,   hanged  by  vigilauts,   i. 

098. 
Darlin;;,  W.  A.,  on  Exec.  Com.  Vig., 

i.  .'594. 
Diivalos,  Gov.,  kills  Mendoza,  i.  51. 
l)avid, .)..  on  Exec.  Vig.  Com.,  ii.  113; 

trial  of  Brace  and  lletherington,  ii. 

492;  bondsman  for  Rand,  ii.  504; 

on  com.  pueblo  papers,  ii.  .V24. 
l)avis.  A.,  on  poj).  trib.,  i.  078. 
Dmams,   .ludge,    iSlade's  execution,    i. 

089-90. 
]>ay,  11.  C,  murder  of,  i.  748. 
])iiyton,  Vig.  Com.,  i.  Oil. 
]  >e  I'orrest,  murder  of,  i.  574. 
l)e  Long,  I.,  on  E.vcc.  Vig.  Com.,  i. 

394. 
l)ulan(),  A. ,  advocates  a  com.  of  safety, 

i   207. 
Delcssert,    EuA.    treas.    Viif.    Com. 

1.S5I,  i.  219-20,  .''97;  on  llxee.  Com. 

18wl,  i.  304;  1850,  ii.  11:!. 


Dempster,  C.  J.,  King's  assassination, 
ii.  02;  vice  prest.  Vig.  Com.,  ii.  SO, 
113;  on  linance  com.,  ii.  90;  oliar- 
acter,  ii.  121-5;  in  council,  ii.  229; 
on  com.  on  adilro.ss,  ii.  320,  527; 
opinion  of  Nugent,  ii.  '223;  Terrv's 
arrest,  ii.  380-5;  trial,  ii. 400,  4.'i9- 
40;  proparea  reply  to  gov. '»  messaj;e, 
ii.  581;  vijws  on  Vig.  Com.  and  le- 
form  party,  ii.  0.32-5. 

Den,  Dr,  McCowan'.s  flight,  ii.  255. 

Dennison,  Lieut,  col.,  Sitka,  1870,  i. 
052. 

Denver,  pop.  trib.  in,  i.  710. 

Denver,  J.  W.,  secretjirj'  of  state,  ii, 
290. 

Deputy,  \V.  C,  arrest  and  trial,  i. 
470-2. 

Desmond,  J.,  murder  of,  i.  030-1. 

Dcvine,  J.  (The  Chicken),  hanged,  i. 
748.  ■ 

Dewey,  S.,  on  Exec.  Vig.  Com.,  i. 
394'. 

Dillon,  French  Consul,  S.  F.,  i.  3S8. 

Dios,  Juan  de,  execution  of,  i.  71(i. 

Dixon,  A.  J.,  hanging  of,  i.  520. 

Dixon,  J.,  hanging  of,  i.  0()8. 

Doak,  R.  IL,  murdered,  i.  748. 

Doane,  Chas.,  commands  military  of 
Vig.  Coin.,  ii.  92,  90,  113;  cliarac- 
ter,  ii.  132-3;  helps  take  jail,  ii.  1S5; 
Terry's  arrest,  ii.  3S2-5;  eaptuws 
law  and  order  forces,  ii.  38!)-9l; 
execution  of  Brace  and  llethering- 
ton, ii.  494;  parade  of  Vig.  Com., 
ii.  532;  candidate  for  sherili',  ii.  570, 
045. 

Dobbin,  J.  C,  advises  Mervine  on 
Vig.  Com.,  ii.  571 -'2. 

Dolan,  J.,  an-est  and  hanging  of,  i. 
093-5. 

Dominguez,  M.,  juez  de  primera  in- 
stancia,  i.  740. 

Donahue,  Constable,  kills  Alexander, 
i.  519-'20. 

Donahue,  .J.,  Benicia  conference,  ii. 
307. 

Donnelly,  Capt.,  helps  take  jail,  ii. 
179-80. 

Dooley,  Justice,  i.  573. 

Douglas,  chief  mate,  saved  by  Vig. 
Com.,  i.  398. 

Douglas,  James,  as  justice,  i.  045-7. 

Douglas  (Montana),  hanged  by  vigi- 
lauts, i.  701. 

Douglass,  Benicia  conference,  ii.  300. 

Dowd.  IL,  stabbing  of,  i.  099. 

i)owney,  J.  T. ,  sec'y  i'e,i;uhitors,  i.  92. 

Dov.nicvin..',  "pop.  trib.,  i.  580-0. 

Downicvillc  tragedy,  the,  i.  577-'>7. 


INDEX. 


75." 


Do\ra,  J.,  character,  i.  377-8;  on 
Exec.  Vig  Com.,  i.  394;  organiza- 
tion Vig.  Com.,  1850,  ii.  7");  trcas., 
ii.  90,  113;  character,  ii.  127;  Ironds- 
man  for  Durkcc,  ii.  504;  ari'tist  and 
trial,  ii.  013-17. 

Dojle,  murder  of,  1.  Gil. 

Dry  Diggings,  see  Placerville,  i.  144. 

Dry  Gulch,  hanging  at,  i.  097-9. 

Drydcn,  Judge,  opposes  mob,  i.  497. 

Dry  town,  mob,  i.  170. 

Duane,  Chas.  P.,  trial  of,  i.  192,  204; 
opposes  vigilants,  1.  320;  maltreats 
Mr  Ball,  i.  339;  King's  assassina- 
tion, ii.  58;  excluded  Vig.  Com.,  ii. 
85;  arrest,  exile,  ii.  275,  279,  281, 
34S-9,  597-9;  suits  for  damages,  ii. 
GOO-1. 

Duarte,  execution  of,  i.  745. 

Ducr,  counsel  for  I)urkee,  ii,  504. 

Duffey,  T.  J.,  murder  of,  i.  071,  706. 

Dugnn,  S.  S.  C,  hanging  of ,  i.  710. 

Dunn,  in  mob's  hands,  i.  527. 

Durkec,  J.  L.,  mode  of  arresting,  ii. 
2S2;  character,  ii,  373-4;  captures 
state  arms,  ii.  375-0;  arrest  and 
trial  for  piracy,  ii.  501-0. 

Duvyce,  on  Exec.  Vig.  Com.,  i,  441. 


E 


Earl,  merchant,  ii.  80. 
Earl,  E.  W.,  Benicia  conference,  ii.  307. 
E:irl,  J.  O.,  on  Vig.  Com.,  ii.  135. 
Ear],  P.,  Eoberts' trial,  i.  100. 
Earlo,  E.  M.,  aids  Vig.  Com.,  ii.  3.39. 
Eastman,   Lieut.,  helps  take  jail,  ii. 

179-80. 
Ebbctts,  A.,  King's  assassination,  ii. 

04. 
Eddy,  R.  A.,  on  Vig.  Com.,  i.  4.54. 
Edmondson,  Maj.,   orders  Las  Vegas 

attacked,  i.  7.'$7-8. 
Edmondson,  J.,  hanging  of,  i.  525. 
Edwards,  arrest  and  hanging  of,   i. 

595-8. 
Edwards,  A.  L.,  merchant,  ii.  80. 
Edwards,  J. ,  member  of  Stuart's  gang, 

i.  287;  see  Whittaker's  confession, 

i.  345-7. 
Edwards,  L.  D.  F.,  rouses  people,  i. 

170. 
Egan  Caiion  Property  Protection  .So- 
ciety, organization  of,  i.  (»14- 10. 
El  Monte,  jiop.  trib.  in,  i.  521. 
El  Paso,  taken  by  Mexicans,  i.  742. 
Ellis,  A.  .T.,  capt.  of  people,  i.  98. 
Ellis,  .1.  S.,  Lieut.  Vig.  Com.,  ii.  177, 

o^l;  helps  take  jail,  ii.  183. 


Ellis,  ^f.,  merchant,  ii.  80. 

Emery,  J.  8.,  on  Exec.  Com.  Vig.,  ii. 
113. 

English,  H. ,  presides  pop.  trib. ,  i.  708-9 

Ericcson,  murder  of,  i.  570. 

Escobed(j,  Gen. ,  trial  of,  i.  742. 

Esparza,  Gov.,  threats  against,  i.  51. 

Espijiosa,  J.,  pursuit  and  hanging  ol, 
i.  501. 

Est(5van,  execution  of,  i.  744. 

EstiSvan  (>San  Juan),  hanging  of,  i. 
507-8. 

Euphcmia,  ship,  purchased  for  prison, 
i.  107. 

Eureka,  Vigilants,  i.  458-9. 

Evans,  R.,  assaulted,  ii.  422. 

Evening  Bulletin,  begins  publication, 
ii.  22. 

Evil,  soiircc,  consider.ation  of,  i.  85-7. 

Exact,  sliip,  .sold  by  Vig.  Com.,  ii.  510. 

Executive  Committee  of  Vig.,  1851, 
duties,  powers,  i.  240-5;  1850,  com- 
position, ii.  114-40;  elements,  ii. 
135;  as  a  body,  ii.  130-40,  549-50; 
address,  ii.  537-41,  021-3. 


F 


Pagget,  S.,  shot,  i.  746. 

Fair^    Laura  D.,    marriages,   i.   588; 

murders  Crittenden,  i.  590;  trial,  i. 

590-1. 
Fallon,  T. ,  misleads  robbers,  i.  08. 
Farragut,    Capt.    D.    G.,    commands 

Marc  Is.,  ii.  2!K);  relation   to  Vig. 

Com.,  ii.  31.5-10.  41.'1-18;  letter  on 

Vig.  Com.,  ii.  .508-70. 
Farwell,  J.  D.,  King's  assassination, 

ii.    04;   on  Vig.  Com.,  ii.   75,   1).'!; 

character,   ii.    120-7;   plan  to  taUt; 

the  Adams,  ii.  412;  interviews  Far- 
ragut, ii.  414. 
Favart,  opinion  of  law,  i.  29. 
Fearless,  G.,  murder  of,  i.  4S5-0. 
Fcathorstone,  deputy-sheriff,  i.  094. 
Fcli[:e,  execution  of,  i.  744. 
Feliz,  I'iogo,  execution  of,  i.  745. 
Feliz,  Dominigo,  mui'der  of,  i.  03. 
Feliz,  Reyes,  execution  of,  i.  492. 
I'^crguson,  killing  of,  i.  Oil. 
I'crril,  C,  in  mob's  hands,  i.  529. 
Feudal  order,  independence  and  ex« 

cesses,  i.  2. 
FidiUetown.  mob,  i.  ."iOI. 
I'ink,  X.,  murder  of,  i.  745. 
Fire.     See  Lu'emliarism. 
Fisli,  .T.  JL,  on  ICxoc.  Vig.  Com.,  ii. 

113,  582-3;  bonilsman  for  Rand,  ii. 

504;  reply  to  gov. 's  mess.,  ii.  585. 


t->is 


INDEX. 


Fitcli,  IT.   .S.,  on  Vig.  Com.,  ii.  531. 
Fitzi^iTiilil,  W.,  murder  of,  i.  .")07. 
Flint,    K.    1'.,   mui'diant,    ii.    80;   on 

Exec.  Vig.  Com.,  ii.  113. 
Florence,  outbreak  in,  i.  7-8. 
Florcs,  Cruz,  hanged  by  mob,  i.  520-7. 
Flores,  J.,  pursuit  and  liunging  of,  i. 

501-3. 
Flory,  W.,  shooting  of,  ii.  338. 
Flughardt,  G.,  murdered,  i.  499. 
Folsom,  J.    L.,  on  citizens'  com.,  i, 

13.}. 
Foote,  H.  S.,  Benicia  conference,  ii. 

307. 
Ford,  R.,  kills  James,  i.  721. 
Forgoaud,  V.  I.,  sec'y  pop.  assembly, 

i.  99. 
Forman,  F.,  messenger  to  Washing- 
ton, ii.  358. 
Forncr,  Jose,  executed,  i.  135,  740-7. 
Fort  (Junnybags,  ii.  98;  rooms  of  Vig. 

Com.,  ii.  97.     See  Vigilance  Fort. 
l''o3tcr,  iS.  C,  mayor,  leads  vigilants, 

i.  494-0. 
Foy,  11.  F.,  expelled  state,  ii.  595. 
Frank,  Mexican,  road-ngcnt,  i.  G81. 
l'"rcflon,  Judge,  requested  to  resign, 

ii.  440. 
Freeman     (Montana),     attacked    by 

rioters,  i.  718. 
Freeman,  C,  sec'y  pop.  trib.,  i.  485. 
French,  merchant,  ii.  80. 
Fr'ench,  ■!.,  in  vigilant's  hands,  i.  077. 
French,  W.  \V.,  addresses  Vig.  Com., 

ii.  407 
Frink,  D.  B.,  accidentally  killed  by 

vigilants,  i.  404-5. 
Frink,  (i.W..  King's  assassination,  ii. 

58,  (W;  on  Vig.  L'om.,  ii.  70-5;  helps 

take  jail,  ii.    17H;  Terry's  trial,  ii. 

473. 
Frolian,  murderer,  i.  480. 
I'udgett,  A.,  kills  J.  White,  i.  403. 
I'nei'os,  nature  of,  i.  53. 
Fur-trailers,  pop.  tribs.  of,  i.  G22-3, 

044-0. 


G 


Gallagher,  coroner,  i.  297,  305. 
Gallagher,  Father,  execution  of  Casey 

and  Cora,  ii.  -.'55. 
Gallagher,  J.,  hanged  by  vigilants,  i. 

084. 
Gallagher,  M.,    arrest  and   exile,  ii. 

27-',  279,  281,  .")97;  returns,  ii.  595-0. 
Gallagher,  S.,  kills  Pollock,  i.  204. 
Cialveston,  executions  in,  i.  742. 
liiindara,  shot  by  niol),  i.  728. 
Garcia  (Placcrville),  hanging  of,  i.  145. 


Garcia,  Jose  A.,  hanged  by  citizens, 

i.  488. 
(iardner,  murdered,  i.  454. 
Gardnei',  surveyor,   requested  to  re- 
sign, ii.  440. 
Garrison,  C.   K.,  meets  Johnson,  ii. 

290,    582;   pueblo  papers,    ii.   518; 

bondsman  for  Truett,  i.  012. 
Garwood,  G.  M.,  onFxec.  Vig.  Com., 

i.  394. 
Gates,  H.  S.,  on  Vig.  Com.,  ii.  135. 
Gatson,  punished  by  mob,  i.  100. 
Gaugh,  (list. -att'y,  i.  452. 
Geary,  J.  W.,  approves  Vig.  Com.,  ii. 

151-2. 
Geiger,  on  Exec.  Vig.  Com.,  i.  441. 
General    Committee    of    Vig.,    1851, 

duties,  i.   240;    1850,   composition, 

ii.  134-5. 
GcoTge,  H.,  hanged  by  mob,  i.  524. 
Gephart,  murder  of,  i.  508. 
Gerberding,  C.  O.,  publisher,  ii.  24. 
Getman,  Marshal,  killing  of,  i.  498. 
Gibb,  D.,  aids  Vig.  Com.,  ii.  339. 
Gibbs,  1'].  B.,  on  Vig.  Com.,  ii.  532. 
(jibson,  land-jumper,  shot  by  people. 

i.  042. 
Gibson,  G. ,  packer,  shooting  of,  i.  649. 
Gib.son,  J.,  executed,  i.  444. 
Gibsonville,  pop.  trib.  in,  i.  533. 
Gift,  Col.,  character,  ii.  181. 
Gillespie,  C.  V.,  on  Vig.  Com.,  ii.  73; 

on  Exec.  Com.,  ii.  113;  character, 

ii.  130. 
Gillingham,  merchant,  ii.  80. 
Gilman,  A.  M.,  merchant,  ii.  80. 
Gilmer,  riot  in,  i.  718. 
Gilroy,  mob,  i.  500. 
CUnes,  execution  of,  i.  744. 
Girard,  counsel  for  Truett,  ii.  CI  2. 
Gladwin,  G.  S.,  merchant,  ii.  80. 
Glantan,    mode  of   robbing,   i.    723; 

shooting  of,  i.  724. 
Glcason,  C,  on  Vig.  Com.,  i.  454. 
Globe,  pop.  trib.  in,  i.  734. 
Goddard,  E.  B.,  on  Exec.  Vig.  Com., 

ii.  113;  character,  ii.  131. 
Goddard,  E.  W.,  bondsman  for  Dur- 

kee,  ii.  504. 
Goff,  A.  J.,  hanging  of,  i.  554-5. 
(ioff,  C.  P.,  expelled  Mono  Co.,  i.  571. 
Goff,  J.,  warned  from  country,  i.  375. 
Gohl,  discovered,  Idaho,  i.  59;  Cal., 

i.  00;  Montana,  i.  074. 
Gold  Fields  Act  authorized,  i.  040. 
Golden  Age,  ship,  arrives,  S.  F. ,  ii.  238. 
(lomcz.  P.,  execution  of,  i.  740. 
G<mzalez,  A.,  stwbs  McLean,  i.  389. 
Gonzalez,   .1. ,    choseii    gcv  ,   i.    735 ; 

hanging  of,  i.  736. 


INDEX. 


757 


Oonzalez,  Manuel,  execution  of,  i.  746. 
<ronzaloz,  Manuel,  murilerud,  i.  uOS. 
(lonzalez,  Marcos,  liauging  of,  i.  719- 
•  Joothvin,  merchant,  ii.  80. 
(ioones,  J.  L.,  hanging  of,  i.  (i99. 
(iordon,  gold  discoverer,  i.  (iO. 
( iore,  murder  of,  i.  545. 
(lorliam,   1'].,  on  Vig.  Com.,   1851,  i. 

•210,  391;  on  Exec.  Com.,  1S50,  ii. 

113,  58"2;  reply  to  gov. 'a  message, 

ii.  585. 
(lould,  shot  by  Vig.  Com.,  i.  G3S. 
(iovenunent,  origin,  i.  38-9;  Spanisli 

colonics,  i.  40-55;  Ameiita,  i.  429- 

30;  genesis,  ii.  071-4;   republican, 

laws  of,  ii.  077 ;  object,  ii.  078-9 ; 

duty,  i.  144;  ii.  079. 
<  iowau,  Lieut.  L.  C,  shooting  of,  i.  053. 
Graf!',  killing  of,  i.  719. 
(jiraiiam,  J.,  murderer,  hanged,  i.  517. 
(Irahani,  N.,  hanged,  i.  748. 
irraliam,  P.  A.,  murder  of,  i.  570. 
<ir;diam,    W.   C.,  claim  against  Vig. 

('om.,i.  387. 
iirangeno,  W.,  murder  of,  i.  572. 
firant,  M.,   hanged  by  vigilants,    i. 

457-8. 
Grass  Valley,  pop.  trib.  in,  1857,  i. 

401-3. 
Graves,  Bill,  road-agent,  i.  081 ;  hanged 

by  vigilnnts,  i.  087. 
Graves,  W.  J.,  on  pop.  trib.,  i.  485. 
Green,  A.  A.,  steals  inieblo  papers,  ii. 

51.'3-17;  attempts  to  sell,  ii.  517-10; 

arrest  and  trial  by  Vig.  Com.,  ii. 

520-3. 
Green,  1>.  P.,  arrested  by  Vig.  Com., 

ii.  520-1. 
Green,  1).,  arrested  by  Vig.  Com.,  ii. 

520-1;  sues  Vig.  Com.,  ii.  524. 
Green,  H.,  aiTested  by  Vig.  Com  ,  ii. 

520-1. 
Green,  J.  L.,  arrested  by  Vig.  Com., 

ii.  520-1;  sues  Vig.  Cum.,  ii.  524. 
Green,  11.  E.,  arrested  by  Vig.  Com., 

ii.  520  1. 
Gregory,  J.  W.,  before  Vig.  Com.,  i. 

389. 
Grimct,  L.  V. ,  lianging  of,  i.  734. 
Grisar,  1'^.,  on  Exec.   \'ig.  Com.,   ii. 

113,  582;  cliaraeter,  ii.   131;   reply 

to  gov. 's  message,  ii.  585. 
(iriswold,  C,  on  Exec.  Vig.  Com.,  i. 

394. 
Gross,  E.  S. ,  merchant,  ii.  SO. 
Guerrero,  F.,  murdered,  i.  370. 
Guillotine,  tlic,  at  Halifax,  i.  5. 
Guy,    A.,   aids  Vig.    Com.,    ii.    339; 

banker,  ii.  .VJS. 
Gwin,  W.  M..  judge  with  alcalde,  i.  09. 


H 


TIackberry.  pop.  trib.  at,  i.  733. 
Ifackett,  .1.,  counsel  for  Truett,  ii.012. 
llager,  judge,  confidence  in,  ii.  31. 
Ilaidahs,  attack  wliites,  i.  048. 
Hale,  Kd.,  nmrder  of,  i.  01 1. 
Hale,   H.   M.,   merchant,   ii.   80;   on 

Ex.  Vig.  Com. ,  ii.  113,583;  counsel 

for  Brace,  ii.   488;  reply  to  gov. 's 

message,  ii.  585. 
Halifax  gibbet,  a  guillotine,  i.  5. 
Halifax  law,  nature,  i.  4,  5. 
Hall,  killing  of,  i.  405. 
Hall,  J.,  hanging  of,  i.  718. 
Hall,  W.  O.,  killed  by  mob,  i.  510. 
Hamilton,  lawlessness  in,  i.  014. 
Hamilton,  ().,  esca)K's  mob.  i.  1(54. 
Hamilton,  W.,  on  black  list,  ii.  281. 
Hamnumd,    Bill,   murderer,    shot,    i. 

545-0. 
Hammond,  G.,  trial  of,  i.  420-S. 
Hand,  W.,  in  mob's  hands,  i.  541. 
Hangtown,  sec  Placerville,  i.  144. 
Harden,  robber,  i.  089. 
Hardy,  A.,  pursues  banditti,  i.  499. 
Harrison,  exited,  career,  i.  375-0. 
Harrison,  dep.-sheriil",   delivers  pris^ 

oner,    ii.    190;   searches  Vig.  Com. 

rooms,  ii.  295. 
Hart,  J.,  shooting  of,  ii.  007. 
Hartshorn,  Yuma  trader,  i.  724. 
Hawes,  H.,  counsel  against  Honuds, 

i.   99;   as   prefect,    i.    109-11;   sul)- 

scribes  to  Vig.  Com.,  ii.  90-1;  con- 
solidation act  of,  ii.  045. 
Hawkins  Bar,  mob,  i.  543. 
Hawks,  oi)poses  Vig.  Com.,  ii.  027. 
Hawley,  C.  B.,  hanging  of,  i.  734. 
Haxton,  Lieut.,  before  Vig.  Com.,  ii, 

404. 
Hayden,  prcst.  pop.  trib.,  i.  029. 
Hayes,    county    clerk,    rei^uested    to 

resign,  ii.  44(). 
Hayes,  J.  (Dale  City),  hanged  by  Vig. 

Com.,  i.  714. 
Hayes,  Judge,  opposes  mob,  i.  497. 
Haynes,  in  mob's  liands,  i.  510. 
Hays,  .1.  C,  candi<late  for  .«hcriir,  i. 

108;  rescues  pri.soiiers,  i.  'XiU;  bcfoio 

Vig.  Com.,  i.  355;  as  slierill',  i.  ;{(!(!; 

eapt.  law  and  order  party,  ii.  388. 
Hcarne,  Sherill",  i.  3;«»-7. 
Heath,  1!.,  sheiilf,  ii.  2.54. 
Heckendoi'n,  .1.,  judiie,  jioi),   tiib.,  i. 

549,  .")51. 
HelTcrman,   A.    P.,    hanged   by   Vig. 

Com.,  life  of,  i.  (il7. 
Heintzolman,(jtn.,  builda  Fort  Yuma, 

i.  724. 


7HB 


INDEX. 


Helena,  ])op.  trib.  in,  i.  707-12. 
Hi'lin,    Boone,    roiul-a^'ent,     i.    081; 

hanged  by  vigilauts,  i.  tiS4;  career, 

i.  (icSii. 
Henderson,   shoots  horse -tliicves,   i. 

(iu4. 
Heiiky,  C.  W.,  hanged  by  uiob,  i. 

.07  !-•->. 
HennesHcy,  J.,  expelled  state,  ii.  281, 

84S,  528. 
He])))iirn,  A.,  Casey's  trial,  ii.  47. 
Herald,  S.  F.,  opposition  to,  ii.  78-83, 

SU;  course,  ii.  *2l7-'-5. 
Herbert,  1'.  T.,  murders  Keating,  ii. 

5G0-1;  career,  ii.  oU'J;  remioated  to 

leave  S.  1''.,  ii.  50 J;   opposes  Vig. 

Com.,  ii.  027. 
Hernandez,  M.,  arrest  and  lianging  of, 

i.  470-7. 
Hernandez,  V,,  murder  of,  i.  730. 
Hcslep,  murder  of,  i.  542. 
Ilcsse,  Mrs,  murderess,  i.  000. 
He-ster,  beaten,  i.  508. 
Hetlicrington,  J.,  Stuart's  trial,  i.  294 j 

sec  Wliittakcr's  confession,  i.  348; 

warned  from  country,  i.  375;  life  in 

Cal.,  ii.  480;   murders  llandall,  ii. 

4',)0;  arrost,  trial,  r.nd  execution  by 

Vig.  Coni.,ii.  400-500. 
Hcwsicrs,  punished  by  mob,  i.  157. 
Hidvuy,  P.  J.,  warned  out  of  state,  ii. 

528. 
Hicks,  Xat.,  pueblo  papers,  ii.  517. 
Hidden  Treasure  mine,  troubles  of,  i. 

715. 
Hilderman,  G.,  in  vigilauts'  hands,  i. 

077-8. 
Hill  Bar,  law  at,  1.  047. 
Hill,  D.,  robber,  trial,  i.  175-8. 
Hispano- Calif omiaus,  law  under,   i. 

743-0. 
Hitchcock,  shooting  of,  i.  054. 
Hodge,  J,  L.,  U.  S.  Consul,  Marseilles, 

18ol,  i.  388. 
HolVman,  Judge,  establishes  a  bad  pre- 
cedent, ii.  500. 
Hogau,   Mrs,  see  Stuart's  confession, 

i.  201-2;  Whittaker's,  i.  340-8;  be- 

foi'c  Exec.  Com.,  i.    337;  captured 

by  vigilauts,  i.  373, 
Ho;.'e,  .J.  1*.,  addrcsHcs  Vig.  Com.,  ii. 

400-7;  opposes  Vig.  (.'om.,  ii.  027. 
Hiilnies,  l>r,  Burdue'a  trial,  i.  270. 
Holt,  murdered,  i.  457. 
Holy  Bi'otherhood,  its  purpose,  i.  4. 
Hood,  B.,  kills  Coleman,  i.  009. 
lloolins,  murder  of,  i.  520. 
Hope,  l)r,  chief  of  police,  L.  A.,  i.  489. 
Hopkins,  Ofiicer,  shoots  Mulligan,  ii. 

008. 


Hopkins,  S.  A.,  c.\ecutioncr,  ii.  235- 
0;  character,  ii.  370;  at  arrest  of 
Maloncy  and  I'liillips,  ii.  370-0; 
stabbed  by  Teriy,  379,  500;  condi- 
tion after,  ii.  308-0,  428-0. 

Hossefross,  Terry's  release,  ii.  474. 

Houghton,  F.  A.,  attempt  to  rob,  i. 
400. 

Hounds,  the  organization,  i.  77-9; 
doings,  i.  80-102;  trial,  i.  100. 

Howard,  Judge,  C.  U.,  prisoner  of 
mob,  i.  742. 

Howard,  1).,  commits  murder,  i.  050- 
00;  hanged,  i.OUo;  road-ugcut,  i.  OSI. 

Howard,  (i.  H.,  on  Vig.  Com.,  ii.  135. 

Howard,  V.  ]].,  IVnicia  conference,  ii. 
300-10;  conuuander  of  mililia,  ii. 
310;  at  capture  law  and  order  forces, 
ii.  393-0;  conmmnicates  Vig.  Com., 
ii.  404;  opposes  Vig.  Com.,  ii.  450- 
05. 

Howard,  W.,  hanging  of,  i.  043. 

HoAvard,  W.  A.,  Jenkins' trial,  i.  231. 

Howard,  W.  D.  M.,  prcst.  pop.  as- 
sembly, i.  09;  liurdue-Stuart  affair, 
i.  184;  on  Exec.  Vig.  Com.,  i.  304. 

Hubbard,  trial  of,  i.  024. 

Hubbard,  L.,  vice  prest.  Vig.  Com., 
ii.  11.3. 

Hudson's  Bay  Co.,  tribunal  of,  i.  022, 
014-0. 

Hugg,  merchant,  ii.  80. 

Hughes,  C. ,  Stuart's  trial,  i.  280. 

Ilughlett,  .!.,  kills  Spencer,  i.  524. 

Huic,  J.  B.,  on  Exec.  Com.  Vig.,  i. 
300,  304;  seizure  of  Whittaker  and 
McKen;;ie,  i.  303. 

Hull,  P.  P.,  examined  by  Exec.  Com., 
i.  355. 

Hunt,  J.  D.,  merchant,  ii.  80. 

Hunt,  Rev. ,  sustains  vigilauts,  i.  203. 

Hunter,  Bill,  road-agent,  i.  081, 
hanged  by  vigilants,  i.  087-8. 

Hunter,  ('.,  leader  of  vigilants,  i.  495. 

lliuitingtou,  C.  P.,  on  Vig.  Com.  ii. 
203. 

Hutchings,  X.  P.,  on  Exec.  Com.  Vig., 
ii.  ll;}. 

llutton,  J.  F.,  on  Exec.  Com.  Vig., 
1851,  i.  394;  seizes  state  arms, 
1850,  ii.  371-2;  charged  with  piracy, 
ii.  502. 

Hynson,  W.,  hanging  of,  i.  705-0. 


Ibalt,  N.,  murder  of,  i.  677. 
Ibarra,   arrest    and    hanging    of,    t. 
508-9. 


1 


INDEX. 


7o9 


Iilalio,  early  society,  i.  59-00;  terri- 
taiy  created,  ]5lW,  i.  iJO;  vigilauce,  i. 
(JO;  jHjp.  triba,,  i.  iioi-'i'A. 

Iilalio  (,'ity,  i)i-isoiiers  reliel,  i.  073. 

Igaira,  J.  A.,  lianyed  by  mob,  i.  573. 

Iiiunode,  Father,  Cornpton's  execu- 
tion, i.  71-. 

liicciuiiarism,  S.  F.,  i.  1'2'J,  lo9-41, 
10-J;  1851,  i.  'J04;  :Mary8viIle,  i. 
450;  Olympia,  i.  04'i. 

Iiulians,  murder,  i.  132,  525,  590,  018, 
043,  045,  04S-9;  pcrsccu'iioiis  of,  i. 
.50,  510,  599,  020,  050;  liaiifting  of, 
i.  554,  021,  fl23,  043,  040,  049; 
shooting  of,  i.  048,  050,  744,  740; 
along  .Santa  Fe  road,  i.  737. 

Inkster,  A.,  murder  of,  i.  041. 

Ives,  t;.,  hanged  by  vigilants,  i.  078- 
9;  road-agent,  1.  081. 


Jackson,  Vig.  Com.,  i.  4C0-7;  mob,  i. 

oli),  542,  540. 
Jackson  (Stockton),  assaulted,  ii.  422. 
.lackson,  J.,  hanged  by  mob,  i.,  520. 
Jackson,  W.,  Roberts'  trial,  i.  100. 
Jacksonville,  supreme  court,!.  028-30. 
Jacob,  Itussian  reiu^gade,  i.  024. 
Jacobs,  defeiula  .Sims,  i.  029. 
.Talisco,  mob  movement  in,  i.  48-9. 
James,   Frank  and  Jesse,   career,    i. 

720-1. 
James,  G.  F.,  trial  of  Casey  and  Cora, 

ii.  229. 
Jamorin,  D.,  on  Iv\ec.  Vig.  Com.,  i. 

:J94. 
Jansen,  C.  J.,  robbed  and  maltreated, 

i.  179-81 ;  si'o  Stuart's  confession,  i. 

291 ;  Whittaker's,  i.  34.5. 
.Tarvis,  murder  of,  i.  102. 
J  cdburg  justice,  tenu  for  peculiar  pun- 
ishment, i.  3. 
Jenkins    (Sacramento),    punished    by 

citizens,  i.  100. 
Jenkins,  dep. -constable,  kills  lluiz,  i. 

490;  exoneiate.l,  1.498. 
Jenkins,  .lohn,  noted  robber,  hanged 

by  Vig.  Com.,  i.  22(>-37. 
Jessup,  Ii.  M.,  on  Exec.   Vig.  Com., 

1851,  i.  394;  18.50,  ii.  1 13;  character, 

ii.  130;  council,  ii.  229. 
Jewett,  ('.,  hanging  of,  i.  09S-9. 
Jewett,  W.  C. ,  Conunissioner  to  Vig. 

Ctnu.,  ii.  570. 
J  immy-fi'om-Town,  memberof  Stuart's 

gang,  i.  287;  captured  by  Vig.  Com., 

i.  372;  robs  safi,,  i.  294,  378. 
Jiukerson,  murdered,  i.  454. 


.John  Adams,  ship,  threatens  Vig.Com., 

ii.  412. 
Johns,  T.  D.,  helps  tiiko  jails,  ii.  183; 

capt.  artillery  vig.,  ii.  290,  350,  531; 

court-martialled,  ii.  020. 
.Johnson,  murder  of,  i.  599. 
Johnson  (Auburn),  on  poj).  trib.,  i.  031. 
Johnson  (Colusa),  punished  by  mob, 

1850,  i.  1.5.5. 

Johnson  (Sherlock  Creek),  in  mob's 
hands,  i.  529. 

Johnson,  Capt.,  Yuma  trader,  i.  724. 

Johnson,  G.  P.,  U.  S.  Conmiissioner, 
ii.  501. 

Johnson,  J.  N.,  attacks  Lawrence,  i. 
442;  gov.  of  Cal.,  i.  504;  character, 
ii.  105-0;  interviews  Coleman,  ii. 
100-9,  582-3;  seizure  of  jail,  ii.  291 ; 
opposes  Vig.  Com.,  ii.  29l-,'{03,  311; 
proclamation,  ii.  290-8;  Iknicia  con- 
ference, ii.  300-10;  invokes  federal 
aid,  ii.  358-08,  408-9;  called  upon 
to  resign,  ii.  445;  course  toward 
Vig.  Com.,  ii.  449-50,  570,  581-7; 
overtures  to  Vig.  Com.,  ii.  448-.55; 
withdraws  proclamation,  ii.  575-7; 
message  to  legislature,  ii.  577-81; 
review  of  policy,  ii.  580-7. 

Johnson,  W.,  hanged  by  mob,  i.  542. 

Jones,  lienicia  conference,  ii.  .'WO. 

Jones,  justice,  Bakerslield,  i.  509. 

Jones  (Montana),  hanged  by  vigilants, 
i.  097  8. 

.Jones  (Wyoming),  shooting  (jf,  i.  715. 

Jones,  W.  ('. ,  judge  pop.  trib.,  i.  48.5. 

.Jones,  W.  H.  subpaaiacd,  i.  28;>, 

Journalism,   foreign,    on    \'ig.    Com., 

1851,  i.  407-20;  18,:0,  ii.  .5.|S-,59; 
8.  F.  on  Vig.  Com.,  1851,  i.  2(i3-5; 
1850,  ii.  205-25. 

.Judge,  murder  of,  i.  02,'{. 

Junta  Defensora  de  la  .Seguridad  Piil)- 
lica,  work  of,  i.  04-0. 

Justice,  ancient  and  modci-n,  aber- 
rations, i.  1-20. 


Kakes,  Alaskan  natives,  kill  whites, 

i.  051. 
Kangaroo  Courts,  lynching  tribunals, 

i.  17. 
Kay,    T.    B.,    port-ward<'n,    mcndjcr 

.Stuart's  gang,  i.   287;   sco  Stuart's 

confession,  i.  290-2;  Whittaker's,  i. 

344-8;   pursued   by   Vig.    C(jm.,   i. 

307-70. 
Keaniy,  Wooley,  aiTcst  and  exile,   ii. 
1     27-2,  279,  281,  597. 


I 


INDEX. 


Keating,  T.,  murder  of,  ii.  .lOO-l; 
Keene,    J.    (IJob  Black),  hanging  of, 

career,  i.  Gl)(i. 
Keitli,  liangctl  by  Vig.  Com.,  i.  714, 
Kelly,  J.,  hanging  of,  i.  093. 
Kelly,  T.,on  l)lack  list,  ii.  281,  .348. 
Kendricks,  Maj.,  eoniniands  Fort  De- 

iianee,  i.  741. 
1-Lennedy,  Dr,  captured  by  vigilants, 

i.  37;J. 
Kennovan,  Lieut.,  held  by  Vig.  Com., 

ii.  :W2. 
Kent,  coroner,  requested  to  resign,  ii. 

440. 
Iveuyon  Station,  mob,  i.  720. 
Iverr,  U.,  editor,  i.  452. 
Kiblic,    (jeu.    W.    C,   receives  state 

arms,  ii.  577;  has  Johns  court-mar- 

tialled,  ii.  020. 
Kid,  hanging  of,  i.  717. 
Kilburn.  K.  L.,  assaulted,  i.  109. 
King,  T.  S.,  character,  ii.  30;  Kmg's 

assassination,  ii.  50. 
King,  T.  ]5.,  port-collector,  i.  388. 
King  of   \\'ni.,  James,  banker  Vig. 

Com.,  i.  220;  on  vig.  police,  i.  .350; 

starts  Kvcning]5ulletin,  ii.  22-4;  life 

and  character,  ii.  22-7;  editor,  ii.  24- 

39;   as.iassi nation,  ii.   40-1;  <leath- 

bed,   ii.  50-2,  201;  burial,  ii.  237; 

ellect  of  assassination,  ii.  55-08, 194, 

202. 
Kingship,  divinity  of,  i.  .38-0. 
iviimiiy,  L.  ]).,  onExec.  Vig.  Com.,  i. 

394. 
Kinney,  defends  .-^prenger,  i.  027-30. 
Kip,   iiisliop,    lletherington's   execu- 
tion, ii.  490,  500. 
Kirchner,  A.,  on  E.\ec.  Vig.  Com.,  i. 

394. 
Kiik,  G.  B.,  hanged  by  Vig.  Com.,  i. 

018. 
Kirkpatrick,  opposes  mob,  i.  031. 
Knight's  ]''eii'y,  mob,  i.  5.58-0. 
Knotc,  oi'ilers  deatli  of  Lilly,  ii.  001. 
Knox,  nuirder  of,  i.  013. 
Kolder,  recorder,  requested  to  resign, 

ii.  440. 
Koloshes,  attack  whites,  i.  050,  053. 
Ku  Klux  Klan,  Visalia,  1808,  i.  472. 


Labatt,  H.  K.,  on  Vig.  Com.,  ii.  78; 

on  I'^xec,  ii.  113. 
Lachcniii,  M.,  murderer,  hanging  of, 

i.  511-12. 
Lacy,  Bcv.,  King's  funeral,  ii,  237. 
Lake  Co.,  mob  in,  i.  503. 


Land-jumping,  i.  042. 

Lane(Carsonlliveil,  leads  mob,  i.590. 

Lane, (J. (Montana),  .oad-ugcnt,  i.  081; 
hanged  by  vigilants,  i.  064. 

Lnngerman,  Vt'.,  mercliant,  ii.  80. 

Larande,  Vig.  Com.,  i.  717. 

Laroch,  counsel  foi-  Tiiiett,  ii.  012. 

Las  Vegas,  attacked  by  U.  S.  troops, 
i.  737-8. 

Lathrop,  Rev.  .S.  C,  Wilson's  execu- 
tion, 1.  712, 

Latson,  on  Exec.  Vig.  Com.,  i.  441. 

Law,  nature  of,  i.  9-1 1,  25,  28;  ob- 
servance of,  i.  22-5;  relation  to  vig- 
ilance, i.  28;  regarded  by  authori- 
ties, i.  28-31;  natine'.s,  i.  31-4; 
necessary  to  social  haimony,  i.  34-- 
7;  superstitions  of,  i.  37  8;  of  forces 
as  distinguished  from  forces,  i.  40; 
in  flush  times,  Cal.,  i.  41;  respect 
for,  Cal.,  1848,  i.  ()7-S;  advent,  Cal., 
i.  129-41 ;  attitude  to  Vig.  (.'om., 
1851,  i.  25.5-7,  402;  Cal.,i.  4:;i;  re- 
marks on,  i.  513-14;  under  Jlispano- 
Californians,  i.  743-0;  reputation  of, 
iS.  1*\,  1850,  ii.  ,3.32-3;  significance, ii. 
071-3;  of  rep.  govt.,  ii.  077;  term 
implies,  ii.  079;  ellect  of  law  on,  ii, 
0S3-5;  sophistry,  ii.  CSS-9. 

I.rfiws,  efi'ect  of  many,  ii.  089-90. 

Law  and  Order  Party,  tlie,  composi- 
tion, i.  44,  31.5-19;"ii.  142-.">,  O.'U  4, 
058;  policy,  i.  3i9-;!4;  ii.  370-1, 
032,  094;  term  delined,  ii.  141;  dis- 
sension in,  ii.  291 -.302;  })atri()tisiu 
of,  ii.  308-9,  033;  composition  of 
military,  ii.  .392-3;  ellect  of  Terry's 
release  upon,  ii.  48.5-0;  purpose,  ii. 
589;  errors,  ii.  0,33;  t-riminals  among, 
ii.  08.3-4;  leaders,  ii.  00.3-4. 

Law,  C,  mercliant,  ii.  89. 

Lawlcr,  .1.,  on  black  list,  ii.  281. 

Lawrence  (Montana),  on  pop,  trib., 
i.  710. 

Lawrence  (Sac),  editor,  attacked  by 
rowdies,  i.  1.30,  442. 

Lcadville,  riot  in,  i.  710. 

Leake,  on  Exec.  Vig.  Com.,  i.  441. 

Leal,  dist.  atty.,  slain  by  I'ueblos,  i. 
7.38. 

Leavenworth,  alcaldi'.  S.  F.,  i.  90,  99. 

Leavenworth,  poj).  trib.  in,  i.  719. 

Le  Bras,  F.,  accused  of  murder,  i, 
370-1. 

Lee,  A.,  hanged,  i.  748. 

Lee,  C.  R,  V,,  prest.  regulators,  i. 
92. 

Lee,  II.,  opposes  Vi.;'.  Com.,  ii.  028-9. 

I..ce,  Shcrill,  slain  by  I'ueblos,  i.  738, 

Lees,  Capt.,  arrests  murderers,  i.  002. 


INDEX. 


781 


Legislature    of    a  Thoiisnml   Driiiks, 

session  (jf,  i.  108. 
Lcf,'islatuix>,  Cal.,  opposition  to  Vig. 


'.I- 


'M). 


attacked  by  robbers,  i. 


killed  by  banditti,  i. 


(.'0111.  in,  1 
Lenhart,  G., 

707. 
Leslie,  A.,  shooting  of,  i.  517 
Leslii',  liev.,  judge,  pop.  trib.,  i.  024.. 
Letiailos,  judges,  i.  48. 
Lewis,    lien.,  incendiary,  saved  from 

mob,  i.  140;  niendjcr  Stuart's  gang, 

i.  'JS7;  sentenced,  i.  374. 
Lewis,  ,r.  1'.,  murder  of,  i.  73.'{. 
Lewis,  \V.,  opposes  election,  ii.  9-10; 

expelled  state,  ii.  '281,  a!),'). 
Lewiston  Vig.  Com.  organized,  i.  CO; 

work,  i.  003,  071-3. 
Lilly,  Chris.,  arrest  and  exile,  ii.  280- 

2,  C><X>;  end,  ii.  001. 
Linares  (L.  A.),  exeeuti<m  of,  i.  74.3. 
Linares,  I'io  (S.  Jj.  Obispo),  killed  by 

citizens,  i.  488. 
Linoberg,  E.,  rouses  people,  i.  170. 
Lippilt,  F.  J.,  capt.  of  people,  i.  98; 

military, Vig.  Com.,  ii.  04,  107,  531. 
Little  Chile,  S.  V.,  location  and  char- 
acter, i.  74. 
Little,  W.  H 

499. 

Lloyd,  E.,  murderer,  i.  009-10. 
Lloyd,  <r.,  murderer,  i.  OUO-IO. 
Lloy<l,  T.,  murderer,  i.  010. 
LoeUw(Jod,  Ii.  A.,  opposes  Vig.  Com^ 

i.  ;W8-11. 
Logan,  M.,  murder  of,  i.  509. 
Lopez,  robbed,  i.  144. 
Lopez,  A.  1).,  lieut.-gov.,  Santa  F(5,  i. 

735;  hanging  of,  i.  730. 
Lopez,  J!.,  liiuiged  by  vigilants,  i.  492. 
Lopez,  C,  hanging  of,  i.  730. 
Lopez,  L.,  pursued  by  vigilants,  i.  501. 
Lopez,  1'.,  shot  by  citizens,  i.  504. 
Lorenze,  II.,  in  mob's  hands,  i.  5.")9. 
Loring,  A.  L.,  on  military,  Vig.  Com., 

ii.  177. 
Los  Angeles,  crime,   1850-7,  i.  02;  i. 

49.3-4;  vigilants,  i.  489-91,  494-514; 

mob,  i.  490-8;  early  executions,  i. 

740. 
Love,  Lieut.,  attacked  by  Indians,  i. 

737. 
Lower  Cal. ,  <lisorder  in,  i.  49-52, 
Lowi-y,  C,  murderer,  hanging  of,  i. 

0.')0-03. 
Lowry,  (r.,  road-agent,  i.  081. 
Lowry,  .J.,  witness,  pop.  trib.,  i.  709. 
Lubbock,  Terry's  trial,  ii.  405. 
Ludlow,  .1.,  sec'y  Vig.  Com.,  ii.  Ill, 

113,  541. 
Ludlow,  Port,  crime  in,  i.  040. 


Ludwig,  mnrder  of,  i.  489-90. 

JjUgaa,  L..  shot  by  mob,  i.  729. 

Lundey,  E.,  killing  of,  i.  729. 

Luna,  J.,  murderer,  i.  48.5-0. 

Lundy,  E.  B.,  leads  vigilants,  i.  456, 

Lybia,  W.,  murder  of,  i.  030-1. 

Lynchdaw,  origin  of  term,  i.  (>-7. 

Lynford  law,  t(,'rm  for  peculiar  pun- 
ishment, i.  3. 

Lynn,  nuirderer,  hiNiged  by  Vig.  Com., 
i.  Oil. 

Lyons,  H.,  road -agent,  i.  081;  hanged 
by  vigilants,  i.  084. 

Lytic,  murder  of,  i.  720. 


M 

Macy,  hanged  by  mob,  i.  ,542. 
MacCrellish,  proprietor  Alta,  ii.    72. 
Machiavelli,  o[>inion  of  law,  i.  29. 
Macondray,  F.  W.,  capt.  night  patrol, 

i.  205;  IJcnicia  conference,  ii.  ,307. 
JIagruder,  Lloyd,  nuirdcr(jf,  i.,  0.j4-9. 
^Mahoney,  L.,  expelled  state,  ii.  509, 

591 ;  career,  ii.  002-3 
Maloncy,  .1.  11.,  in  hands  Vig.  Com., 

ii.  375-7,  .385,  400-7;  expelled  state, 

ii.  509,  .591;  prosecutes  Vig.  Com., 

ii.  012-15;  death,  ii.  013. 
Maloncy,  R.,  on  Vig.  (Join.,  i.  2S5. 
Manrow,  J.  P.,  on  Vig.  Com.,  ii.  73; 

on   Exec,   ii.    113,  229;  arrest,   ii. 

019. 
Mansfield,   .!.,    editor,    killing  of,    i. 

4.52-3. 
Manuel,  hanged,  i.  145. 
Manuel,  murder  of,  i.  000. 
Manuelito,  enpt.  natives,  i.  ,500. 
Manzarui,  crime  in,  i.  741. 
.Map,  San  Franci.seo,  1K,")4,  i.  74-5, 
Marcy,    sec'y,  reply  to  Johnson,   ii. 

301-2. 
Maiiposa,  Vig.  Com.,  i.  407;  mob,  i. 

528-9,  540. 
Marks,  S.  J.,  Wildred's  tiial,  i.  183. 
Marley,  P.,  leads  riotei's,  i.  718. 
Marshall,  discovers  gold,  i.  (iO. 
Marshland,    S.,     ro.id -agent,    i.    081; 

hanged  by  vigilants,  i.  OSd. 
Martin,  assaults  U.  S.  consul,  i.  730. 
Martin  C,  hanging  of,  i.  714. 
Marto,  shot  by  mob,  i.  532. 
.Marysville,  Vig.  Com.,  i.    4.53-0;  in- 
cendiarism, i.  450;  mob,  i.  .523. 
Ma''ziouetCompagnic,  .Messrs., l''rench 

agents,  S.  I''.,  i.  388.- 
Mason,  <!.,  Stuart "s  trial,  i.  280. 
M.isoa,  I  J.  1).,  aihniui.-^tiation,  i.  746. 
Masten,  mcielia.it,  ii.  i>0. 


m 


INDEX. 


Mnstci'Mon,  liangint,'  of,  i.  003, 

Mateo.  inurderiM',  liaii;^ing  of,  i.  7'2.>. 

Matlier,  <!.,  iiiunlcred,  i.  454. 

Mayjiaid,  J,i. .  on  I'lxfo.  Com.,  I8.">1,  i. 
:W4;  aids  Vig.  Com.  18o(J,  ii.  Xi{). 

McMlister,  Hall,  capt.  of  people,  i. 
OS;  counsel  against  Hounds,  i.  {)!); 
counsel  for  Jausun  robbers,  i.  183,, 
181);  .lenkinsimiucst,  i.  238;  Terry's 
trial,  ii.  4().">. 

McAllister,  .M.  H.,  presides  U.  S.  Cir- 
cuit Court,  ii.  oO,"). 

McAlpine,  wounded,  i.  009. 

Mc(.'auluy,  H.,  kills  Sellers,  trial,  i. 
10()-7(>. 

McClanalian,  Col.,  chairman  of  mass- 
meeting,  i.  404-5. 

MoClnnalian,  private,  murder  of,  i.  737. 

Mc(,'orkle,  lienicia  conference,  ii.  300. 

McConnick,  Gov.,  i.  717. 

MX'oy,  murder  of,  i.  489-90. 

McCoy,  ().  P.,  hanging  of,  i.  733. 

McCrory,  J.,  hanged  by  vigilants,  1.473. 

McDonald,  murderer,  hanging  of,  i. 
4:)8-U. 

McDonald,  A.,  justice,  i.  04.'). 

McDonald,  C,  murderer,  shooting  of, 

i.  on--'. 

McDonald,  dep-sheriff,  wounded,  1.447. 

McDougal,  J. ,  gov.  Cal.,  1.  100;  proc- 
lamation, 1851 , 1. 331-3, 3.V2;  rescues 
prisoners,  i.  350;  before  Vig.  Com., 
1.  354. 

McDougall,  J.  A.,  counsel  for  Cora, 
ii.  34;  pueblo  papers,  Ii.  515-17. 

McDowell,  Aurora,  hanging  of,  i.  003. 

McDowell,  justice, CalaverasCo. ,  1. 524. 

McDufiie,  A.  J.,  .scrg. -at-arms  Vig. 
Com.,  i.  219;  subpcenaed,  1.  283; 
searches  for  Whittaker,  1.  3.35-0. 

McDuilie,  J.  L.,  member  vigilants,  1. 
454. 

McDufTie,  .T.  Y.,  gambler,  U.  S.  mar- 
shal, ii.  33,  503. 

McEiwee,  J.  v.,  on  military,  Vig. 
Com.,  ii.  177. 

McEvoy,  puuishcil  by  mob,  i.  105. 

'McFarland,  Marshal,  Sonora,  i.  173. 

McFarlaud,  W.  ( Aiizona),  murder  of, 
i.  72S. 

McGee,  J.,  killed,  i.  009-10. 

McCJowan,  Ivl.,  judge,  1.  270;  ii.  249, 
201-2;  in  Ihitish  Columbia,  1.  047; 
character,  ii.  43-4,  244-9;  King's 
murder,  ii.  49,  208-9,  250;  Casey's 
trial,  ii.  2;{4;  ilightfromVig.  Com. ,  ii. 
251-0,  281 ;  surrender  and  ac(iuittal, 
ii.  2.")0-7;  editor,  ii.  2.")9-0l;  corre- 
spondence of,  ii.  202-0;  assaults  a 
vigilant,  ii.  019. 


Mc(  irath,  J.,  offiecr.  Vig.  Com.,  i.  094. 
MilJrotty,  King's  murder,  ii.  47-8. 
McGuire,  J.,  on  bhick  list,  ii.  2.S1, 
Alc(ruirc,  W.,  on  black  list,  ii.  348. 
McHenry,  opposes  vigilants,  1.  320. 
Mclntyro,  C,  hanging  of,  i.  019. 
McKay,  killing  of,  1.  04.5. 
.McKee,  11.,  nierchaut,  ii.  80. 
McKeusie  (Walla  Walk),  hanged  by 

Vig.  (,'om.,  1.  0.37. 
McKenzie,  K.,  memlier  Stuart's  gang, 

1.  287;  sec  Stuart's  confession,  i. 
290-1;  Whittaker's,  i.  347;  In  vigi- 
hints'  hands,  i.  337-04. 

McKinstry,  Judge,  McGowau's  trial, 

ii.  2.59. 
MeKune,  J.,  attacks  Judge  Wilson,  i. 

447. 
McLean,  stabbed,  1.  389. 
McLean,  Dr,  ou  Vig.  Com. ;  arrested, 

i.  451-2. 
McLean,  W.,  arrest  and  exile,  ii.  281- 

2,  592. 

McLoughlin,  J.,  murder  of,  i.  045. 

McMauuH,  P.  M.,  killing  of,  i.  070. 

McNabb,  J.,  shooting  of,  ii.  007. 

McXiel,  murder  of,  1.  734. 

Meacham,  hunts  McGowan,  ii.  2.')4. 

Mecks,  on  Exec.  Vig.  Com.,  i.  441. 

Meiargs,  H.,  candidate  for  aldemian, 
ii.-O. 

Mellon,  Bob,  warned  from  Truckee, 
1.  403, 

Melius,  G.,  Burdue's  trial,  1.  270. 

Melone,  pop.  ti'ib.  in,  i.  170. 

Mercer,  iu  vigilants'  hands,  i.  457. 

Metcalf,  sues  Vig.  Com.,  i.  308-10. 

Mctlacatlah,  law  at,  1.  048. 

Meusc,  H.  l\  N.,  hanged,  i.  748. 

Meyer,  W.,  treas.  Vig.  Com.,  ii.  113. 

Mexico,  pop.  trib.  in,  i.  18,  40-9. 

Middlcton,  J.,  on  Vig.  Com.,  i.  297. 

Mike,  Wooly,  punished  by  mob,  i.  140. 

Militia,  S.  F.,  joins  Vig.  Com.,  ii.  93. 

Miller,  W. ,  hanged  by  mob,  1.  524. 

Milne,  on  Exec.  Vig.  Com.,  i.  441. 

Miners,  morals,  1.  142-3;  Sunday 
among,  1.  535;  regard  for  women,  i. 
577-8;  In  mobs,  1  005. 

Miners'  League,  the,  organized;  do- 
ings, i.  011-12. 

Mines,  mobocracy  In,  1. 1-12-78, 515-87. 

Mines,  Rev.,  Jenkins'  execution,  1. 
232;  Stuart's  execution,  1.  295. 

.Miramontes,  A. ,  election  Inspec. ,  ii.  10. 

Mobocracy,  compared  with  vigilance,  i. 
8-15;  11.  G()5,008;  inmines,  i.  142-78, 
515-87,  605;  evils  of,  ii.  091-2. 

Mobs,  methods,  1. 140-57.  See  Moboc- 
racy. 


iNi>i:x. 


703 


oriiTcsiioniliu;,'    to    Vig. 
Com.,  i.  4Gl)-7 


Moilcraton, 

('.III.,  i.  I.. 
MolirliiiiiiK;  Hill,  V'i, 

iiioli,  i.  ol'.l,  .V)!t. 
Mono  Co.,  inolw  in,  i.  ,'uO. 
Moni'(jo,  dipt,  law  anil  ordiT  party,  ii. 

Montji;^Mie,  W.  W.,onVij3'.  Coin.  ii.  l.'l.'t.^ 
Mon',an;i,  gold,  wilvcr,  discovcivd,  i. 

(J71;   pop.  tiil>. ,  i.  ti74-7"21;   I'luni- 

nicr'.s  giin,!<  in,  i.  (i7r>-)S8. 
Monterey,  Aiuuricimllai'misud,  i.  lO.*}; 

Vi;,'.   Coin.,  i.  477-SO;  nioli,  i.  554; 

early  fxcciitions,  i.  744-(i. 
Monterey  Co.,  mob  in,  i.  'u't. 
Monte/;unia,  desperadoes  in,  i.  71'>. 
Montyomury,  Cupt.,  raLsuti  American 

lla^',  i.  !(*:{. 
Moore,  A.,  hanyed,  i.  717. 
Moore,  A.  K  ,  in  mob's  hands,  i.  544. 
Moore,  (iad,  road-aycut,  i,  OSl. 
Mooiv,  Slierill',  murder  of,  i.  21)4. 
M(>(pii;eli,  Indian,  hanged,  i.  (J20. 
Morality,  i)lia.sesof,Cal.;reileetionson, 

i.  114-18. 
Moran,  J.,  handling  of,  i.  0.38. 
More,  .J.  M.,  killing  of,  i.  ()70. 
!Mureno.  Lieut.  Don  V.,  commander, 

S;inta  Ke,  i.  734. 
Morgan,  Harrison,  hanged  by  mob,  i. 

r)0;i-4. 
Morgan,  Hugh,  in  mob's  hands,  1.  517. 
Morgan,  J.,  hanging  of,  i.  714. 
Morgan,  J.  ^I.,  member  Stuart's  gang, 

i.  -^87. 
Mormon  justice,  nature  of,  i.  55. 
Mormonfi,  in  Xevada,  i.  58. 
Moroe,  L.,  murder  of,  i.  043. 
Morris,  hanging  of,  i.  718. 
Morris,  W.,  hanged,  i.  748. 
Morris,  W.  B.,  witness,  pop.  trib.,  i. 

70l». 
Morton,  seizure  of  Wuttakor,  i.  .ViO. 
Mud  Spi'iiigs,  pop.  trib.  in,  i.  .ViO. 
Chilian,  Marslial,  opposes  mob,  i.  503. 
ItluUen,  ]).,  hanging  of,  i.  718. 
Mulligan,  ]iilly,  deputy-sheriil',  ii.  32; 

King's  murder,  ii.  58;  expelled  state, 

ii.  270-81;   career,  ii.  004-S;   kills 

McNabb  and  Hart,  ii.  007;  shooting 

of,  ii.  008;  prosecutes  Vig.  Com.,  ii. 

012-14. 
MuUory,  T.,  expelled  state,  ii.  509, 

501. 
MuUoy,  T.,  expelled  state,  ii.  281. 
Munson,  Judge,  mediator,  gov.  and 

Vig.  Com.,  ii.  444. 
Murieta,    Joaquin,    begins    depreda- 
tions, i.  440;  attacked,  i.  455. 
Murphy  Diggings,  pop.  trib.,  i.  521-2. 


.Murray,  F.    See  Y.-i'diee  Sullivan. 
Muiray,  H.  C,  I'.iiet-ju.siice,  i.  lioO;  ii. 

332-3. 
Musgrove,    I.    S..  expelled    state,   ii. 

502. 
Musgrove,  Ii.  H.,  hanging  of,  i.  710. 
^lutchler,  ('.,  sliot  hy  mob,  i.  575-0, 
Myers,  killing  of,  i.  101. 


N 

Xaglee,  H.  M.,  on  E.\cc.  Vig.  Com.,  i. 

304. 
Xapa,    feud  with  llcniciu,  i.   lOG-70; 

McGowan's  trial  at,  ii.  2,")8-0. 
National  Guards,  side  with  Vig.  Com., 

ii.  324. 
Nations,  growth  of,  ii.  077-8. 
Navajos,  cunning,  i.  741. 
Navarra,  ]).,  shot  by  citizens,  i.  504. 
Neal,  Mrs  S.,  murder  of,  .")02. 
Neall,  J.,  introduces  locks,  Cat.,  i.  70; 

on  Vig.  Com.,  i.  200. 
Nelson,  J.,  kills  ll;dl,  i.  405. 
Nevada,  early  society,   i.  57,   001-2; 

pop,  tribs.,  i.  503-tiJI. 
Nevaila  City,  Vig.  Com.,  1851,  i.  450- 

01. 
Neve,  Felipe  de,  administration  of,  i. 

744. 
New  Dungencss,  Vig.  Com.,  i.  ().18-40. 
New  .Mexico,  early  tribs.,  i.  !i2-o;  pop. 

tribs.,  i.  734-43. 
New  Oi'leans,  Vig.  Com. ,  i.  1 8. 
New  York  of  tlie  I'acilic,  mob  in,  i. 

157. 
Newhall,  W.  L.,  editor,  ii.  200. 
Nicholas,  P.,  murderer,  i.  .")."!.")-40. 
Nicholson,  Mrs,  killed  by  Tarpey,  i, 

480. 
Nidever,  G. ,  beaten  by  mob,  i.  482. 
Night  patrol,  orgauixation  of,  i.  205. 
Nordhoif,   Cbas.,   opinion  of  law,  i. 

.30. 
North,  Marshal,  King's  .issnssination, 

ii.  58-9;  delivers  (.'asey  to  Vig.  Com. , 

ii.  100-1;  resigns,  ii.  351. 
Norton,  .Judge,  conlideuce  in,  ii.  31. 
Norton,   M.,  counsel  for  Hounds,   i. 

100. 
Nugent,  .T.,  as  editor,  ii.  23,  81-3,  212; 

Dempster's  oiiinion  of,  ii.  223;  au- 
thor's opinion,  i.  224-  5;  ntty.  against 

Vig.  Coni.,ii.  521-5,  OlS-io. 
Nufiaz,  v.,  hanging  of,  i.  7.33. 
Nutman,  judge,  jxjp.  trib.,  i.  558. 
Nutting,  C.,  on  Exec.  Vig.  Com.,  ii. 

113. 
Nye,  J.  W.,  3  V.  Nevada.,  i.  012. 


764 


INDEX. 


Oakcs,  0.,  oiiVig.  Com.,  i.  200-10, 

Oukluml,  moll,  i.  M4. 

Oukli'y,  1).  L.,  8urg,-at-arm8,  Vig. 
Com.,  i.  .S!M. 

O'Conor,  ( '. ,  coiiiiNel  for  Truett,  ii.  OI'J. 

()'l>oiiii('ll,.l.,li!iiigt'<l  liyiiioli.i.  ')M-'k 

0'I>)U),'lnrty,.J.,  luumbur,  K.  C.  P.  1'. 
S.,  i.  (il4. 

Oldniiiii,  niunkivil,  ii.  1!).1,  270. 

Oliplmnt,,  .1.,  killing  of,  i.  71U. 

01ivii.-(,J.,li;ii)gf(l  liy citizens,  i.  508-0. 

Olliver,  miinlcr  «)f.,  i.  7'-(l. 

t)lucy,  J.  X.,  King's  assiissination,  ii, 
Ol";  on  Vi''.  (;oin.,  ii.  04,  ()(»,  10.V7; 
guiinls  jnil,  ii.  !7t>;  conmianilH  mili- 
tary, ii.  17<t  7.  .'UO,  r):V2:  lielpstake 
jiiil,  ii.  J70-.S();  Hlrcugtlioiia  Vort 
Vigilance,  ii.  .'{17;  Terry's  arrest, 
ii.  ;WI-,"i;  trial,  ii.  471;  captures  V. 
Howard,  ii.  ;{!)4-.-). 

Olsen,  C,  hangeil  hy  mol>,  i.  500. 

Ohvell,  15.,  h;iiigc.l,"i.  748. 

Olympia.  inccmliarism  in,  i.  042. 

OMcara.  mui'ikr  of,  i.  5")(). 

(j'.Mcra,  'P.,  ro))l)C(l,  i.  502. 

O'Xeal,  .1.,  hanging  of,  1.  070,  718. 

Oi'egon,  early  .society,  i.  58-0;  pop. 
tril)..  i.  0J2-^4. 

Oro  I'ino,  gold  discovered,  i.  50. 

Orovillc,  niol),  i.  AOO. 

Ortega,  tu'der.s  criminals  shot,  i.  7-)4. 

Osg<x)d,  K.  .S.,  on  \'ig.  Com.,  ii.  582; 
reply  to  gov.'s  message,  ii.  585. 

Osgood,  .r.  K.,  on  Exec.  Com.  Vig., 
ii.  li;{,  178. 

Otis,  hanging  of,  i.  .339. 

Owhi,  Yakinni  chief,  shooting  of,  i.  034. 

Oxlcy,  J.,  opposes  mob,  i.  549-51. 


Ptaehceo,  A.,  in    nob's  hands,  i.  103. 

Pacilico,  execution  of,  i.  744. 

Page,  F.  V\'.,  on  Exec.  Vig.  Com.,  ii. 

11.3. 
I'age,  W.,  road -agent,  i.  081;  impli- 

caled  in  murdei',  shot,  i.  050-03. 
T'aine,  W.,  witness,  pop.  tril>. ,  i.  544. 
Palmer,  Cook  and  Co.,  bankers,  ii.  4, 

20,  20. 
Palmer,  J.  C. ,  Whittaker's  capture,  i. 

330. 
Paino,  shot,  i.  744. 
Panamd,  Isthmus,  vigilancemovement, 

i.  17. 
Pansa,  hanged  by  mob,  i.  500-1. 


Papers.     Sop  .Toumalism. 

Pai'i.sh,  F.,  hanged  by  vigilants,  1,084. 

Parker,  in  mob's  liantls,  i.  544. 

Parker,  E.  11.,  assists  Vig.  Com.,  ii. 
111. 

Parote,  J.,  murder  of,  i.  5.35-0. 

Parrott,  J.  8.,  on  Exec.  Vig.  Com.,  i. 
304. 

Parsons,  Levi,  judge,  district  court,  i. 
I.3H,  ,344. 

Patrick,  II.  ('.,  editor,  i.  4.52. 

Patrick,  ■\V.('.,liangim,' of,  i.  7(XJ. 

Pattei'sou  (Idaho),  shoots  Pinkham,  i. 
0()4  ."). 

Patterson,  J.  A.,  salofin-keeper,  i.  80; 
treas.  regulators,  i.  92. 

Pawnees,  att4u:k  trains,  i.  737. 

Payette  Valley,  Vig.  Com.,  i.  004. 

Payne,  hanging  of,  i.  043. 

Payran,  S.,  on  Exec.  Vig.  ('om.,  i.  218, 
.300,  .394;  character,  i.  2K')-7;  exam- 
ines Stuart,  i.  27.5-S2;  Whittaker,i. 
341;  Exec,  report,  i.  3S4. 

Peabody,  merchant,  ii.  SO. 

l'eachy,guaids  jail,  ii.  290. 

Pear.son,  ('apt.,  expels  Duanc  from 
ship,  ii.  .599. 

Peck,  senator,  ii.  20. 

Pelton,  school  supt. ,  rerpicstcd  to  re- 
sign, ii.  440. 

Pen  d'Oreillc  Iliver,  gold  discovcretl, 
i.  .59. 

People's  Reform  Party,  organization, 
action  of,  ii.  (i41-.58. 

Perez,  (Ifiv.,  killed  by  Pueblos,  i.  73.5. 

Perley,  Terry's  trial,  ii.  405. 

Poter.ion,  Judge,  opposes  miA),  i.  532. 

Petersim,  O.  T.,  merchant,  ii.  SO. 

Peyton,  B.,  presides  mass-meeting,  ii. 
12;Beniciaconfereuce,ii..307;Terry'a 
trial,  ii.  40.5. 

Phillips,  J.  B.,  charges  Durkee  witL 
piracy,  ii.  501. 

Philli])s,  J.  (I.,  hands  of  Vig.  Com., 
ii.  .375-(i. 

Phillips,  W.,  murder  of,  i,  057-9. 

Phcvnix,  paper,  begins  pu'olicatiou,  ii. 
259-00. 

Pluenix,  pop.  trib.  in,  i.  729. 

Pico,  Andres,  hunts  banditti,  i.  500. 

Pico,  Pio,  administration,  i.  74(). 

Pierce,  Pres.,  action  regarding  Vig. 
Com.,  ii.  528. 

Pinkham,  shooting  of,  i.  00.5. 

Pinto,  on  Vig.  Com.,  ii.  94. 

Pioche,  Vig.  Com.,  i.  (JIS. 

Pioneer  City,  named  Ilog'em,  i.  59. 

Pix'.ey,  F.  M.,  Burduc's  trial,  i.  270; 
opposes  vigilants,  i.  2S2-4;  see  Stu- 
art's confession,  i.  290. 


"% 


INDKX. 


70.") 


rizniitliiii,  J.,  killed  by  mol>,  i.  <!S'J. 

l'liu't'r\  illc,  tirst  111)]),  trill.,  i.  14 J, 

I'lriisiiiit  Sj)iiii|_'s,  iiuil),  i.  170. 

)'1iiiiiiim( '0. ,  iiinli  ill,  i.  ,~)IS,S, 

J'liiiiiiiii'r,  l[.,  nlii'i-jir,  I'ccoril  of  triino, 
i.  <i7">;  L,Mii^'  of.  i.  <i7i'j  -HH;  liungL'il  by 
vi;,'il,Miit.s,  i.  (is;{. 

I'liitai'ili,  opinicin  of  law,  i.  29. 

roiiiilcxt.T,  .Shfiitl',  i.  470. 

I'olitics,  I'L'lutiou  to  vigilance,  ii.  0*24- 
i")."). 

Politics  (inil  parties,  early  S.  K.,  ii.2-.'). 

I'olitioiil  (^thicH,  reiimrk.Hoii,  ii.  (i78-8(). 

I'olloek,  iV.  L.,  killing  of,  i.  204. 

I'oiiipoiiio,  oxeeiition  of,  i.  744. 

Topiilar  goveriiiiieiit,  i.  21-4.'). 

Popular  'I'riliunals,  examples  in  his- 
tory, i.  2-.");  origin  in  America,  i. 
7-.S;  hoiitliorn  states,  i.  17;  Mexico, 
British (jolumliia,  Australia,  i.  IH-IK; 
party,  i.  4.*);  I'lacerville,  i.  144;  de- 
gree.s  and  ollicaey,  i.  4.'{;{-40;  Utah, 
Nevada,  i.  .'j9;i-<i21  ;  fur-traders,  i. 
(;22-.'{,  CU-ii;  Oregon,  i.  (i22-:U; 
Wa.sliiiigton,  i.  ('».'U-44;  IJritisli  Co- 
luml)ia,'i.  (144-!);  Alaska,  i.  UrtO'.i; 
Idaho,  i.  (i."i4-7.'i;  Montana,  i.  074- 
721;  Aii/ona,  i.  722-.'{4;  New  Mex- 
ico, i.7.'f4-4.'{;  asdispensersof  justice, 
i.  74!);  relleetionsaixl  le.sson.s,  ii.OI!4- 
!t."):  materiiil.ii.  (Kk");  ipialityof  pun- 
ishments, ii.  ()(!.">;  cause,  ii.  (iOO. 

Port  (ianilde,  moh,  i.  (i4.S. 

Post,  (1.  15.,  Iving's  a.ssassinution,  ii. 
(W;  niercliant,  ii.  SO. 

post,.!.,  on  Kxcc.  Vig.  Com.,i.  .'194. 

Powers,  .lai'k,  murderer,  i.,  480;  Mc- 
(Jowan's  llight,  ii.  2.V2;  arrest,  ii. 
'2M. 

Powers,  .Tiinniv,  hanging  of,  i.  070, 
718. 

Pratt,  N. ,  murder  of,  i.  ">40. 

Prefect,  duties,  i.  110. 

Prim,  miner,  on  pop.  trib.,  i.  027-30. 

I'rior,  Carrie,  ex))elled  Truckee,  i.  40;!. 

I'livate  Watch,  Vig.  Com.  Sydney,  i. 
1!)  20. 

Promontory,  Vig.  Com.  in,  i.  010. 

Pru<lon.  y.,  ])vi'A.  \'ig.  Com.,i.  04. 

Pueblos,  lebellion  of.  i.  734-0;  assail 
Taos,  i.  738 ;  attack  Turley's  place, 
i.  73!)-40. 

Pueblo  Papers,  the,  controversy  over, 

ii.  r,]:i--2i. 

Pullis,  .1.  C,  steward  S.  F.  regulators, 

sheriir,  i.  02. 
Punishment,  early  Cal.,  i.  122-3. 
Purdy,  Sam,  a.ssaults  Mr  Robb,  i.  374. 
Purple,  A.,  expelled  state,  ii.  281,  509, 

691. 


Qualchien,    chief    Vakimas,    hanging 

of,  i.  031. 
Quisenbury,  inurUer  ot,  i.  737- 


1  til  be,  W.,  suspended  \'ig.  Com.,  ii.  i'lO. 
Railroads,  robbing  of,  i.  7-'0. 
Riiiis,  .1..  nni.dei'ot'.  i.  .'"»()7. 
Ralston,  .1.   \\'.,  legishitur.',    lS,-)3,   i. 

200. 
Rand,  C.   K. ,  captures  anus.  ii.  37;'; 

iii'rcst  iind  trial  for  |)iracv,  ii.  .■)04-(i. 
Pandall,  A.,  nnmler  of,  ii.'48!l-90. 
Randall,  11. ,  merchant,  ii.  80. 
Randolph,  K.,  opjioses  Vig.  Com.,  i. 

3(J8  1 1 ,  320. 
Rankin,  mei'chant,  ii.  SO. 
I!aney,  McKee,  escapes  mob,  i.  531. 
Rapid  City,  pop.  triii.,  i.  718. 
Hay,  Hcnj..  chief  of  police,  i.  230. 
Ray,  Ned,  road-agent,  i.  081;  haiigeil 

by  vigilants,  i.  (;S3. 
Raymond,  hanged  by  people,   i.   .")27. 
Raymond,  R.,  shooting  of,  i.  ti()7. 
Raynes,  J.,  on  Exec.  Vig.   Com.,    i. 

394. 
Reed,  merchant,  ii.  80. 
Reed,  .1.,  hanging  of,  i.  070,  718. 
Reed,  I.,  hanged  by  Vig.  Com.,  i.  037. 
Reese,  .1.  M.,  Terry's  arrest,  ii.  ;>8i-'i. 
Hegan,  capt.  law  and  order  party,  ii. 

388. 
Regulators,    corresponding    to    Vig. 

Com.,  i.  17. 
Regulators.     See  S.  F.  Society. 
Reid,  mui'der  of,  i.  720. 
Retchit,  J.,  on  bla(;k  list,  ii.  348. 
Reusch.  hanged  by  mob,  i.  .■)70-l. 
Reyes,  M.,  shot  by  mob,  i.  728. 
Reynolds,  (J.  1>.,  murder  of,  i.  043. 
Reynolds,  W.  T.,  on  Exec.  Vig,  Com. 

ii.  113. 
Rhodes.  W.  H.  (Civton),  om  evils  of  the 

times,   18,")(>,   ii.    l9!)-2v,l;   attempts 

history  of  Vig.  Com.,  ii.  ,>I2. 
Rice,  C,  hanged  by  citizens,  i.  734. 
Pvice  (S.  F. ),  opposes  vigilants,  i.  .320. 
Rice,  .1.,  King's  assassination,  ii.  C>'2; 

on  \'ig.  Com.,  ii.  75;  serg.-at-arms, 

ii.  90,  11,3. 
Richard,  Capt.,  helps  take  jail,  ii.  180. 
Richardson,  W.  H.,   assassination  of, 

ii.  29-31. 
Richie,  hanging  of,  i.  ."VlO-l. 
Richie   (Montana),   on   pop.  trib.,   i, 

078. 


766 


INDEX. 


Rideout,  mnrdercr,  hangeil,  i.  52G. 
iJiggs,  capt.  law  and  order  party,  ii. 

888. 
liiggs,  W. ,  rnnrder  of,  i.  5C6. 
lli^htmire,  on  Exec.  Vig.  Com.,  i.  441. 
Riglitsof  man,  euily  C'al.,  i.  41. 
liiley,  (len.,  as  military  ruler,  Cal.,  i. 

KXi-lOS. 
Lily,  J.,  member,  E.  C.  P.  P.  S.,  i. 

G14. 
IMtcliie.  J.,  discharged  by  Vig.  Com., 

ii.  528. 
liivas,   Jesus,   murderer,    hanged,    i. 

4Sa-fll. 
Ivobb,  J.,  assaulted,  i.  374;  editor,  i. 

4.V2. 
l!obl)es,  hanged  by  mob,  i.  .508-9. 
Robbins,  G.  C,  opposes  mob,  i.  G32. 
Roberts,  S.,  loader  of  regulators,  i.  92; 

attacks  Chilean  quarters,   i.  93-G; 

arrested,  i.  99-100. 
Roberts,  it.  R. ,  Benicia  conference,  ii. 

307. 
Robertson,  T.,  quiets  mob,  i.  524. 
liobinson,  hanged  by  vigilants,  i.  444; 

life,  i.  444-7. 
Robles,  !^r. ,  murderer,  hanged  by  vig- 
ilants, i.  48G,  489. 
Rochin,  I.,  execution  of,  i.  744. 
Rockwell,  W.  M.,  addresses  Vig,  Com. 

ii.  407. 
Rocky  Mountain  Detective  Associa- 
tion, organized,  i.  720. 
Roe,  F.  .J.,  hanged  by  mob,  i.  IGl. 
Rogers   (Or.),   justice,    character,   i. 

G2(l;  tr'od  by  pop.  trib.,  i.  G29-.30. 
Rogers  W,  H.,  on  Exec.  Vig.  Com., 

ii.  113;  Terry '.s  arrest,  ii.  382. 
Rollinson,  merchant,  ii.  80. 
Iiomain,  J.  1'.,  murderer,  hanged,  i. 

G.")G-C3;  roa<l-agent,  i.  G81. 
Rosas,  Jose,  execution  of,  i.  744. 
liOso  IJar,  mob  at,  i.  143-G. 
]-{oss,  ]).  L.,  merchant,  ii.  80. 
Ross,  C.  L.,  trial  Jansen  robbers,  i. 

189. 
Roundhead,  .Timmy,  captured  by  vig- 
ilants, i.  372. 
Itousson,  J.,  rolibcd  by  Hounds,  i.  81. 
Rowe,  opposes  vig.  police,  ii.  377-8. 
liowe,  AV.  (Wyoming),  capture   of,  i. 

71."). 
Rowland,  murder  of,  i.  .">71. 
Rubio,  v.,  execution  of,  i.  74."). 
Ruiz,  A.,  killed,!.  490. 
liussill.  Rev.,  whipping  of,  i.  743. 
JJussell,  ('.  A.,  iiaugeil,  i.  748. 
Russell,  IT,  A.,  on  vig.  police,  ii.  ,177. 
Ryan,  Justice,  rc(piested  to  resign,  ii. 
'4iG. 


Ryan  (Montana),  stage-robber,  i.  71a. 

Ryan  (.S.  F.),  capt.  law  and  order 
party,  ii.  388. 

Ryckman,  G,  W.,  prcst.  Exec.  Com., 
i,  218;  .Icnkins' trial,  i.  231-2;  char- 
acter, i.  248-50;  exammes  AVhitta- 
ker,  i.  .342-3;  a  spy  in  jail,  i.  3G1; 
vice-prest.,  Vig.  Com.,  i.  384,  394. 


s 


Sacksin,  C,  in  hands  of  Vig.  Com.,  i. 
448. 

Sacramento,  meeting  for  provis.  govt., 
i.  105;  law  and  disorder,  i.  13G; 
mob,  i.  IGI;  Vig.  Com.,  i.  441-8; 
approves  Vig.  Com.,  185G,  ii.  202-3. 

Saflord,  Gov.,  i.  72G,  728,  732. 

Sagarra,  J.,  execution  of,  i.  745. 

Sage,  in  mob's  hands,  i.  1G4. 

Saguaripa,  J.,  hanging  of,  i.  7.30. 

Saint  Paul,  opinion  of  law,  i.  28. 

Salmon,  treas. ,  Vig.  Com.,  i.  220. 

Salt  Lake  City  (Montana),  trib.,  i.  G9.3. 

San  Diego,  Vig.  Com.,  18.33,  i.  (Jl-4; 
i.  492;  early  executions,  i.  744. 

San  Francisco,  causes  of  crime  in,  i. 
25-7;  map,  1854,  i.  73-4;  Eng.  con- 
victs, i.  7;^5;  incendiarism,  1851,  i. 
74;  i.  1.30-41;  attacks  Hounds,  i. 
97-102;  name,  i.  103;  meeting  for 
provis,  govt.,  i.  105;  early  munici- 
pal govt,  i.  JOG-U;  first  election, 
i.  108;  early  govt,  extravagance,  i. 
1.33;  lirst  capital  execution,  18.")2,  i. 
1.3."),  74G-7;  crime,  ]8.")0,  i.  1.37;  1851, 
i.  201-4,  307-78;  indignation  meet- 
ing, 1851,  i.  1.38;  effect  Vig.  Com., 
1851,  i,  404-G;  185G,  ii.  G39-G3;  ex- 
odus of  criminals,  i.  4.37-9;  ii.  (!49; 
execut  ions,  i.  747-9;  changes,  1851  -5, 
ii.  1-5;  political  corruption,  ii,  2-21, 
44G;  early  fiociety,  ii.  13-21;  effect 
of  King's  nmrder,  ii.  55-G8;  effect 
of  TcH'ry's  release,  ii.  475-G;  pro- 
ehiinicd  in  .a  state  of  insurrection, 
ii.  298,  ,")75 ;  prochimation  M'ith- 
drawn,  ii.  .577;  municipal  reform,  ii. 
G41-58;  consoli'hition  act,  ii.  G45. 

San  Francisco  Society  of  Rcgidators, 
orgnnizecl,  i.  88-91;  ollicers,  i.  92; 
attack  Clnlean  residents,  i,  93-G; 
scattcrcil  by  citizens,  i,  97   101. 

San  <ial)riel,  mob,  i.  5G.")-(). 

San  Jose,  meeting  for  ",)rovis,  govt,,  i. 
105  ;  Legislature  of  a  Thousand 
Drinks  meets,  i.  108;  pop.  trib., 
475-0. 

San  Juan,  mob,  i.  TiG'-S, 


IXDEX. 


767 


San  Lnis  Obispo,  crime,  vigilants,  i. 

485-9. 
Ran  Luis  Rey,  mob,  i.  570. 
Sanclicz,    betrays    secret    of   pueblo 

papers,  ii.  515-16. 
Sanchez,  F. ,  election  inspector,  ii.  10. 
Sanchez,  S. ,  hanging  of,  i.  508. 
Sanders,  Col.,  on  pop.  trib.,  i.  678, 
Sandoval,  C ,  hanged,  i.  492. 
Sanford,  mob  in,  i.  7-8. 
Sanford,  C,  attacked,  i.  504. 
Sanford,  F.,  saved  from  mob,  i.  443. 
Sanford,  J.,  murder  of,  i.  509. 
Santa  Liirbara,   mob,  i.   4S2-5;  early 

executions,  i.  744. 
Santa  Clara,  Vig.  Com.,  i.  474-7. 
Santa  Cruz,  Vig.  Com.,  i.  477;  mob,  i. 

573. 
Santa  F6,  insurrection  in,  i.  734-6. 
Santa  Ilormandad;  see  Holy  Brother- 
hood, i.  4. 
Sargent,  opposes  Vig.  Com.,  ii.  024-5. 
Sassovich,  A.,  hanged,  i.  748. 
Saulnier,  J.,  merchant,  ii.  80. 
Saunders,  B.  C,  on  Exec.  Vig.  Com., 

i.  394. 
Saunders,  G.,  hanged  by  vigilants,  i. 

098. 
Scannell,  sheriff,  S.  F.,  ii.  32;  delivers 

jail  to  Vig.  Com.,  ii.  186,  192;  re- 

(j  tested  to  resign,  ii.  446. 
Schacffer,  F.  VV.,  member  vigilants,  i. 

454. 
Stlienck,  G.  E. ,  juror,  Jansen  robbers, 

i.  191;  Jenkins'  execution,  i.    234; 

Stuart's  trial,  i.  287. 
Schwartz,  hanged  by  mob,  i.  540. 
Scott,  A.,  Imngcd  by  mob,  i.  105. 
Scott,  Doctor,  the  case  of,  ii.  035-7. 
Sciu;,'gs,  R.,  hanging  of,  i.  719. 
Soachries*.  J.,  hanged  by  vigilants,  i. 

097. 
Scai-a,  oiBccr,  murder  of,  i.  043. 
Seattle,  pop.  trib.,  i.  04,3. 
Sedgwick,  Sheriff,  i.  503. 
S.Aby,  T.  11.,  on  Vig.  Com.,  ii.  134. 
Seidell,  merchant,  ii.  80. 
Seligmiin,  J,,  claim  allowed  by  vigi- 
lants, i.  387. 
Sellei-s,  murder  of,  i.  108. 
Selover,  threatens  King  of  Wni,,  ii. 

28. 
Sepulveda,  Dolores,  murdered,  i.  744. 
Sipiiheda,  J.,  hanged  by  mob,  i.  .")(19. 
Seyd,  E.,  on  Exec.  Vig.  Com.,  ii.  113. 
Seymour,  in  mob  "a  liands,  i.  519. 
Sliavp,  hanged  by  mob,  1850,  i.  155. 
Shasta.  Vig.  Com.,  1851,  1.4.57-8. 
Sliattiu'k,  1).  D.,  defends  Jansen  ro1>- 

bers,  i.  189. 


Shattuck,  D,  0.,  presides  mass-meet- 
ing, ii.  339;  Terry's  imprisonment, 
ii.  404;  \  iew  on  Terry's  position,  ii. 
4.30-1. 

Shaw,  mei'chant,  ii.  80. 

Shears,  G.,  road-agent,  i.  681;  hanged 
by  vigilants,  i.  087. 

Sheldon,  hanged  by  mob,  i.  544. 

Shepherd,  Justice,  Jansen's  trial,  i. 
183,  189. 

Shepherd,  W.  B.,  hanging  of,  i.  748. 

Sheridan.  E.,  murdered,  i.  748. 

Sherman,  W.  T.,  oppnses  Vig.  Com., 
ii.  148-50,  290-7,  310-12,  310-17, 
582;  commands  law  and  onler  parij', 
ii.  104,  196;  ehafacter,ii.  17.3-4;  mi.<- 
statements  on  Cal.,  18.30,  ii.  284-9; 
criticisms  on,  284—9;  mnj.-gcn.  of 
militia,  ii.  290;  resigns,  310-1 1 ;  seiz- 
ure of  jail,  ii.  291 ;  Benicia  confer- 
ence, ii.  300-10. 

Shields,  shooting  of,  i.  504. 

Shorty,  hanged  hy  Vig.  Com.,  i.  714. 

Sierra  Co.,  mob  in,  i.  5(i4-7. 

Sigournty,  prcst.  Vig.  Com.,  i.  512. 

Silvas,  J.,  capture  and  hanuing  of ,  i. 
501-2.  ^ 

Silver,  discovered,  Montana,  i.  074. 

Sime,  J.,  Benicia  conference,  ii.  3''7. 

Simmons,  C,  hanged  by  mob,  i.  It!-. 

Simms,  hanging  of,  i.  073. 

Simpson,  Sir  G.,  member  Hudson's  B.ay 
Co.,  i.  044. 

.Sims  vs.  Sprenger,  case  of,  i.  020-30. 

Sitka,  taken  by  Koloshcs,  i.  050;  law 
in,  i.  051-3. 

Skinner, C'.,  robber,  i. 050,  081 ;  hanged 
by  vigilants,  i.  080. 

Slnde,  J.  A.,  character,  i.  088,  092; 
hanging  of,  i.  090-1. 

Slater,  H. ,  murder  of,  i.  095-0. 

Slater,  W.,  murderer,  escapes  mob,  i. 
139,  102. 

Slim  Jim,  hanged  by  Vig.  Com.,  i. 
037. 

.Sloat,  Commodore,  raises  American 
ihig,  i.  103. 

Slocum,  A.,  ari'est  f)f,  i.  007. 

Smiley,  T.  .1.  L.,  King's  nssiissination, 
ii.  01;  on  Vig.  Cum.,  ii.  70,  81,  109; 
vice-[)rest.,  ii.  113;  character,  ii. 
129-39;  lielps  take  jail,  ii.  I'.M;  coun- 
sel for  Cora.  ii.  231-2;  nicmlx'r  com. 
on  address,  ii.  320.  527:  'IVn-v's  a"- 
rest,  ii.  382;  trial.  430.  411",  40S; 
advocates  release  of  opposition,  ii. 
392;  counsel  f(jr  Ifcthei'ington,  ii. 
492;  l)ondsm;in  for  li.'ind,  ii.  .")04;  on 
com,  puel)io  piiper.s,  ii.  524;  auction- 
eer, ii.  544. 


768 


INDEX. 


Smith  (El  Monte),  whipping  of,  i.  521. 
Smith  (Montana),  on  pop.  trib.,  i.  G78; 

exiPt'llt'd  by  vigihmts,  i.  G7l)-S0. 
Smith,  A. ,  opposes  Vig.  Com. ,  ii.  .S24. 
Smith,  (jon.  1*.  F.,  assumes  command, 

Cal.,  184!),  i.  lOG. 
Smith,  J.  Ci.,  member  vigilants,  i.  454. 
Smith,  J.  S.,  killing  of,  i.  548-9. 
Smith,  Justice,  trial  Metcalf  vs.  Ar- 

genti  et  al. ,  i.  308. 
Smith,  O.,  chief  vig.  police,  1851,  i. 

.3.j0;  185(i,  ii.  86,  93,  113;  seizure  of 

Whitbiker,  i.  3G2. 
Smith,  Wm.,  murder  of,  i.  G17. 
Smith,  W.  W.,  member  Marysville 

vigilants,  i.  454. 
Snelling,  mob,  i.  546. 
Snow,  (Jr.,  murder  of,  i.  171-3. 
Society,  early,  Cal.,  i.  41,  56;  1848-9, 

i.  09-73;  Nevada,  i.  57-8;  Oregon, 

Washington,  1.  58-9;  Idaho,  i.  59- 

60;  S.  F.,  ii.  13-21. 
Socorro,  crime  in,  i.  740. 
Solano  Co. ,  mob  in,  i.  559. 
Soldiers,  as  thief- takers,  i.  719-20. 
Solomon,  Slicriff,  i.  537. 
Somerville,  R.,  Casey's  trial,  ii.  48. 
Sonoma,  mob,  i.  540,  571,  573. 
Sonora,  Mcx.,  tribunal,  i.  48. 
Sonora,  mob,  i.  152-5,  173-8,  533,  546; 

Vig.  Com. ,  4G7-9;  favors  Vig.  Com. , 

1856,  ii.  203. 
Sonorcno,  tried  by  pop.  trib.,  i.  485. 
Soto,  M. ,  shot  by  citizens,  i.  504. 
Souk',  F.,  editor,  ii.  200,  208-9. 
SouIl',  S.,  on  Vig.  Com.,  ii.  135;  bonds- 
man for  Durkec,  ii.  504. 
Spanish  society,  tribunals  of,  i.  46-55; 

regard  for  law,  i.  61-2. 
Spence,  J.  F.,  Burdue's  trial,  i.  270. 
Spence,  J.  R.,  judge,  Jansen  robbers, 

i.  189. 
Spencer,  murder  of,  i.  524. 
Spencer,  H. ,  opinion  of  law,  i.  29. 
Spoftbrd,  Capt.,  chief  marshal,  i.  98. 
Spofford,  killing  of,  i.  103. 
Sprcnger  vs.  Sims,  case  of,  i.  026-30. 
St  Clair,  J.  W.,  hanging  of,  i.  712, 
Stage-robbing,  i.  715,  720. 
Stalcy,  J.  r.,  cattle-thief,  shot  by  vig- 
ilants, i.  700-1. 
Stanford  Dros.,  merchants,  ii.  80. 
Stiipleford,  J.  D.,  Deputy's  trial,  i. 

470-1. 
Steele,  examined  by  Exec.  Com.  Vig., 

i.  355. 
Steilacoom,  pop.  trib.,  041-2. 
Steinhart,    L.,    member  vigilants,    i. 

454. 
Stephens,  J. ,  expelled  state,  ii.  592. 


Stc'lini;,  Alice,  kill:?  Ilamnior-cl.  i. 
54.i-(i. 

Stevens,  mcrcliaiit,  ii.  81. 

Steward  IJros. ,  killing  of,  i.  520. 

Stewart,  F.,  murder  of,  i.  ,'>4r>. 

Stewart,  J.  M.,  sheriff,  opposes  mob, 
i.  5.-)2. 

Stillman,  assesssor,  requested  to  re- 
sign, ii.  446. 

Stilhnan,  Dr  .1.  D.  B.,  King's  assassi- 
nation, ii.  02;  account  of  Duaue,  ii. 
59i)-G00. 

Stinson,  Buck,  road-agent,  i.  G81 ; 
hanged  by  vigilant.s,  i,  ()83. 

Stockton,  crime,  Vig.  Com.,  1851,  i. 
449-53. 

Story,  C.  R.,  on  Vig.  Com.,  ii,  135. 

Stoughton,  AV., hanged  by  mol),  i.  034. 

Stout,  A.  B. ,  on  Exec.  Vig.  Com. ,  i.  394. 

Stuart,  James,  character,  i.  207-9, 
298;  ajipreliended  by  Vig.  Com.,  i. 
275;  confession,  i.  280-94;  trinl,  i. 
282;  execution,  i.  294-98;  Whit- 
fcaker's  confession,  i.  34.')-8. 

.Subiatc,  M.,  arrest  of,  i.  729. 

Sullivan,  .James,  hanging  of,  i.  643. 

Sullivan,  John,  on  Vig.  ('oni.,  i.  277. 

Sullivan,  1'.,  robbed,  i.  457. 

Sullivan,  Yankee  (F.  MuiTay),  as  bal- 
lot-box stufler,  ii.  6-8;  arrest,  ii. 
271 ;  suicide,  ii.  273,  281 ;  confessioa, 
ii.  274-5. 

Surprise  Valley,  mob  in,  i.  .'554. 

Surroca,  Father,  murder  of,  i,  49, 

Sutherland,  H.  H.,  shot,  i.  019. 

Sutherland,  T.  W.,  addresses  Vig. 
Com.,  ii.  407. 

Sntro.  O. ,  Prof.,  King's  assassination, 
ii.  62. 

Sutter,  Capt.,  at  Sutter  Fort,  1. 158-9. 

Sutter  Fort,  tribunal,  i.  158-9. 

Sutter  Creek,  mob,  i.  500-1. 

Sweetzcr,  merchant,  ii.  80. 

Swift,  J.  M. , on  Exec.  Vig.  Com., i.  .194. 

Swoope,  R..  nuirder  of,  i.  731-2. 

Sydney  convicts,  Cal. ,  character,  i.  .3.39. 

Sydney  Town  (S.  F. ),  location,  cliar- 
acter,  i.  74. 

Sylvester,  arrested  l)y  vigilants,  i.  389. 

Sylvester,  J.,  nuirdcred,  i.  509. 


Tabor,  murderer,  pardoned  by  gov. ,  i. 

453. 
Tacom,  pop.  trib.,  i.  043. 
Taft,  H.,  robber,  i.  374. 
Tammany  Ilidl,  S.  F.,  location,  i.  79; 

brolicn  up.  i.  99. 


INDEX. 


760 


Tanner,  thief,  in  citizens'  hands,  i.  i;23. 
Taos,  assailed  by  I'lieblos,  i.  738. 
Taquaqni,  executed,  i.  744. 
Taxation  in  S.  F.,  i.  133. 
Tatman,  J.  H.,  killing  of,  i.  727. 
Taylor,  A.  J. ,  business,  ii.  COS;  shoot- 
ing of,  ii.  GOO. 
Taylor,  J.  M.,  on  Vig.  Com.,  ii.   73; 

viec-prest.,  ii.  80,  113. 
Taylor,  Rev.,  King's  funeral,  ii.  237. 
Temple,  leader  vigilants,  i.  03. 

Tcmpleton,  B.  S. ,  found  hung,  i.  472. 

Terry,  D.  S.,  Stockton,  1851,  i.  4J2; 
opposes  Vig.  Com.,  18o6,  ii.  2S)2-(i, 
317;  character,  ii.  292,418-24;  Beni- 
cia  conference,  ii.  30(i-10;  as  chief- 
justice,  ii.  334;  arrest  by  Vig.  Com., 
ii.  370-80,  509;  stabs  Hopkins,  ii. 
379;  preparation  to  try,  ii.  402-18; 
letter  to  Vig.  Com.,  ii.  405;  appeals 
for  aid,  ii.  409-10;  imprisonment,  ii. 
424-7;  efforts  to  release,  ii.  4.33,448; 
trial,  ii.  434-48;  charges  against,  ii. 
43G-7;  release,  ii.  400-75. 

Terry,  ^Irs,  Teny's  imprisonment,  ii. 
424-0. 

Terwilliger,  Billy,  road-agent,  i.  081. 

Teschemacher,  on  Exec.  Vig.  Com.,i. 
394. 

Texas,  vigilance  movement,  i.  17. 

Texas  Bob,  captured  by  vigilants,  i. 
G77;  c.xpclleil,  i.  086. 

Thayer,  opposes  mob,  i.  585. 

Thomas,  H.  C,  hanging  of,  i.  717. 

Thomas,  W.,  escapes  hanging,  i.  700. 

Thompson,  E.,  hanged  by  mob,  i.  507. 
.Thompson,  J.,  warned  out  of  state,  ii. 
528. 

Thompson,  Jas.,  hunts  banditti,  i.  501. 

Thompson,  John,  executed,  i.  444. 

Thompson,  X.,  robber,  i.  089,  091. 

Thompson,  R.  A.,  messenger  to  Wash- 
ington, ii.  358. 

Thompson,  S.  T.,  vice-prest.  Vig. 
Com.,  ii.  113,  582;  on  war  com.  vig., 
ii.  178. 

Thompson,  T. ,  Brace's  trial,  ii.  4SS. 

Thompson,  W.  T. ,  on  Exec.  Vig.  Com. , 
ii.  113,  178;  reply  to  governor's 
message,  ii.  583-5. 

Thompson, W.W., on  Exec. Vig. Com., 
i.  394. 

Thompson  jun.,  W.,  opposes  vigilants, 
i.  309. 

Thoniton,  guards  jail,  ii.  290;  Terry's 
trial,  ii.  405. 

Thornton,  J.  V.,  Benicia  conference, 
ii.  307. 

Thorrington,    W.,     irregularities,    i. 
594-5;  hanged  by  Vi,;'.  Com.,  i.  59S. 
Pop.  Trib.,  Vol.  II.    iJ 


Thrall,  _H.  H.,  military,  Vig.  Com., 

ii.  177. 
Tliunnond,  on  pop.  trib.,  i.  078;  ex- 
pelled by  citizens,  i.  079-80. 
Tiee,  held  by  Vig.  Com.,  ii  392. 
Tilford,  F.,  op.  Vig.  Com,,  i.  308-11. 
Tillinghast,  \V.  H.,  vice-prest.   Vig. 
Com.,  ii.  113,  131;  memlier  com.  on 
address,  ii.  320;  Terry's  arrest,  ii. 
382;  candidate  for  treas.,  ii.  ((45. 

Tisnado,  M.,  hanging  of,  i.  7'29-30. 

Tom,  the  .Spaniard,  nnirderer,  i.  031; 
hanged  by  mob,  i.  033. 

Townes,  J., candidate  for  sheriff,!.  108, 

Travus,  shoots  Taylor,  ii.  008-9. 

Treasure  City,  lawlessness  in,  i.  014. 

Tribimnls.     See  Popular  Tribunals. 

Triplett,  hanging  of,  i.  71"2. 

Truckee,  Vig.  Cor.i.,  i;i74,  i.  40,3-5. 

Ti-ueniaii,  j'urdue's  trial,  i.  270. 

Truett,  II.  B.,  addresses  Vig.  Com., 
ii.  407. 

Truett,  :.I.  F.,  on  Exec.  Vig.  Com.,  ii. 
113,  178,  582;  character,  ii.  125-G; 
helps  take  jail,  ii.  188-91;  counsel 
for  Cora,  ii.  220,  2.30-2;  'J'errys  ar- 
rest, ii.  382;  trial,  ii.  430,  473-4; 
goes  er»st,  ii.  Oil  ;  arrest  and  trial, 
ii.  012-10. 

Tubbs,  A.  L.,  on  Exec.  Vig.  Com.,  ii. 
11.3,  131. 

Tucker,  shot  by  vigilants,  i.  038. 

Tucson,  pop.  trib.  in,  i.  727-30. 

Tullo.s,  shooting  of,  i.  715. 

Turley,  attiicked  by  rue1)los,  i.  739-40. 

Turnbuil,W. ,  bond,  for  Truett,  ii.  0)2. 

Turner,  C.  C,  merchant,  ii.  80. 

Turner,  D.  S.,  vice-prest.  Vig.  Com., 
ii.  113. 

Turnersville,  crime  in,  i.  520. 

Twiggs,  H.  L. ,  military,  Vig.  Com.,  ii. 
177. 


w 


Ubiquitous,  begins  publication,  ii.  200. 
Cpdykc,  D.  C,  sheriff,  hangmg  of,  i. 

007-8. 
Utah,  tribunals,  i.  55. 


Vail,  hanging  of,  i.  013. 

Valdc's,  S.,  hanged  liy  mob,  i.  543. 

Valencia,  execution  of,  i.  745. 

Valen/.uela,  J.,  shot  by  citizens,  i.,')04. 

Van  Bokkelen,  J.  L. ,  subjia'naod,  i. 
283;  chief  vig.  jjolice,  i.  355;  exam- 
iued  Iiy  Exec.  Com.,  i.  355-0. 


770 


IXDEX. 


\'i:n  Xofs,  innyor,  King's  assassina- 
tion, ii.  CC;  i.icniion,  ii.  290;  ro- 
(iucstcd  to  icsij^n,  ii.  440. 

\'iincl('rslicc',  judge,  jKip.  trib.,  i.  522. 

Varley,  J.,  hanging  of,  i.  705. 

Va:?i|nez,  T.,  robbeil  of  pueblo  papers, 
ii.  5IH-17. 

^  assault,  F,,  on  Exec.  Vig.  Com.,  i. 
•M4. 

Vauglin,  hbootingof,  i.  715. 

^\■llnlgl•nl■ht,  purpose  of,  i.  4. 

^'el■a,  opp'.iscs  mob,  i.  509. 

A'crdiigo,  till",  murder  case,  i.  CO. 

Victoria,  riot  in,  i.  040. 

\'i;,'ili;nce,  principle  of,  i.  0-11, 10-17; 
ii.  (iS.i;  relation  to  law,  i.  28-J50;  ii. 
GS7;  right(if  based, i. 41-5;  ii. 080-5; 
extension  of  principle,  i.  429-40;  ii. 
070-1 ;  argunieiits  )>ro  ct  con,  ii.  14.'1- 
CO;  rel.'.tion  to  polities,  ii.  024-55; 
fruits,  ii.  GIlO-Oo;  compared  with 
mobocratv,  i.  11-14;  ii.  GOvS;  with 
inuirreetion,  ii.  085;  aim,  ii.  085. 

V!^;ilai:ee  Committee,  1851,  organiza- 
tion, i.  20<l-i;>,  210-25;  constitution 
fud  by-laws,  i.  211-12;  weerecy,  i. 
'214-15; arelnves,  i.  218-22;  system, 
i.  221-5,  255-S;  perfected,  i.  200-;{; 
200;  J(  nkins'  affair,  i.  229-;$".);  gen. 
com.  of, i.  2iO,  253;  Exec.  Com.  of,  i. 
240-5;  ])aper;i  sustain,  i.  202-5;  con- 
cern f.'r  Kurdue's  fate,  i.  209-72; 
r.ction  witliJ.f"-i;"v  t.i. 275-97;  evad- 
ing lial)e;'.s  i  ius,  i.  2.S2-5;  busiest 
month,  i.  299  312;  modoof  work,  i. 
290-r(;8;  ii.  !7;  reports (  f  mend)eis, 
i..3G2-4;  nsctntioiis,i. 30.1-9;  ell'orts 
to  conipljto  j:!il,  i.  305-0;  law.  nits 
i.  308-1 1:  opi^osition  to,  i.  3i;:-3-!; 
relation  to  p')lirics,  i.  320-1 ;  rescue 
of  prisoners  from,  i.  .350-2;  investi- 
gates rescue,  i.  .S.~3-0;  retakes  pris- 
oners, i.  3(-0-l;  r.etion  with  Kay, 
Lcliras,  i.  ,'>()7-7!  ;dclivers  criminals 
to  autliorities,  i.  .371-2;  nuscellano- 
ous  captures,  i.  37.3-0;  warns  crim- 
inals, i.  375;  receives  gift,  i.  381-2; 
reorganized,  i.  385;  certilicate  of 
membership,  i.  300;  closing  actions, 
i.  39,3-400;  surveillance  of,  i.  398; 
disperses  mob,  i.  401 ;  attitude  of  law 
to,  i.  402;  as  regarded  by  the  world, 
i.  407-28;  adjounis,ii.  17;  gen.  meet- 
ing, ii.  IS;  compared  with  that  of 
185G;  i.  297;  ii.  «oO. 
Vigilance  Comnutteo,  1S.5G,  genesis, 
ii.  G9-113;  call  of,  ii.  72;  organiza- 
tion, ii.  73-113;  enrolling  members, 
ii.  7.5-S;  attacked  by  Herald,  ii.  78- 
83;  composition, ii.  84-5,000-7;  mil- 


itary organization,  ii.  87-111,  349- 
il,  494,  531-2;  revenue,  ii.  80-91, 
0  57;  rooms,  ii.  97-110;  seal,  ii.  110; 
constitutic.i,  ii.  111-13;  opposition 
to,  ii.  101-75,  289-.30.3,  .324-43,  3.55- 
C9,  024-30,  C37-8;  Ruizes  jail,  ii.  176- 
93;  8cntime':'i/  concerning,  ii.  191- 
204;  jouraalisticopinions,  ii.  20.5-25; 
trial  and  execution  of  Casey  and 
Cora,  ii.  220-37;  work,  ii.  207-70, 
3-10-.55;  mijcellaneous  arrests,  ii. 
2{;9-83;  black  list,  ii.  281,  348,  .3.52, 
527;  jokes,  ii.  281-3;  negotiates 
with  state  authorities,  ii.  .30Gi-8,  341 ; 
secession  suggested  to,  ii.  318-19; 
addres;i  to  citizens,  ii.  320-3;  Na- 
tional Guard  side  with,  ii.  324; 
aided  by  citizens,  ii.  .3.39-40;  com- 
plaints.igainst,  ii.  341-2,039;  policy, 
ii.  344-5;  attempt  to  burn  building 
of,  ii.  .3.52;  feelings  of  clergy,  ii.  356, 
035;  patriotism  of  opposition,  ii. 
308-9;  patriotism  of  members,  ii. 
309;  arrest  of  Terry,  ii.  370-80; 
trial  of,  ii.  402-83;  policy  of  opposi- 
tion, ii.  370-1;  seizes  state  arms,  ii. 
372-5;  prison-(juai-ters,  ii.  380;  cap- 
tures entire  opposition,  ii.  387-401; 
honors  iperited,  ii.  390-8,  401;  in- 
timidating members,  ii.  408,  010; 
plans  to  take  U.  S.  forts, ii.  413;  ne- 
gotiates with  gov.,  ii.  444,  452-5; 
Howard's  speeches  against,  ii.  450- 
05;  fceliiigof  mend)ersagainstExec., 
ii.  4()0-7;  trial  of  Brace  and  Hethcr- 
ington,  ii.  488-500;  object,  ii.  .507; 
prisoners,  ii.  508;  politics,  ii.  510, 
547,  024-55;  proposed  history,  ii. 
510-12;  investigates  pueblo  papers, 
ii.  513-24;  arrests  the  Greens,  ii. 
520-3;  sued  by  the  Greens,  ii.  524; 
iinal  adjournment,  and  efTcct  on 
crime,  ii.  520-47;  grand  parade,  ii. 
529-.33:  r  lation  to  federal  authori- 
ties, ii.  528,  508-74;  address  of  exec, 
to  gen.  com. ,  ii.  530-40,  02 1  -3 ;  treas- 
urer's report,  ii.  542-3;  auction  s.ale, 
ii.  544-5;  medals,  ii.  540;  purpose 
completed,  ii.  547;  delivers  state 
arms,  ii.  577;  reply  to  gov. 's  mes- 
sage, ii.  681-5;  persons  expelled 
state,  ii.  590-5;  suits  and  annoy- 
ances, ii.  010-20;  rescinds  expatri- 
ation, ii.  020-3;  plans  to  protect 
ballot-box,  ii.  042-3;  fruits  of,  ii. 
048-63;  moderation  of,  ii.  CCO-1; 
compared  with  that  of  1851,  ii.  600; 
desire  for  disbandment,  ii.  094-5. 
Vigilance  Committees,  term,  deflncd, 
i.  8;  principle  of,  i.  9-11;  compared 


INDEX. 


IlL 


with  mobs,  i.  11-14;  highest  fonn, 
i.  lli-l";  composition,  ii.  141-2; 
origin  of  torni,  i.  207-8;  foreign 
opinions  of,  ii.  r)4S-ij9;  exec.  com.  as 
a  1)0(ly,  ii.  .■)4!)-50.  Scealso  Popular 
Trilnnuil.s. 

Vigilance  {.'omnuttees  (S.  F.),  unique- 
ness, ii.  (584-.');  author's  judgment 
of,  ii.  G8(J-7;  secrecy,  ii.  C!)2-;<. 

Vigilance,  Fort,  or  Fort  Gunny  bags, 
plan  of,  ii,  97-108;  strengthened, 
ii.  317,  338,  350;  attempt  to  bum, 
ii.  352;  dismantled,  ii.  527. 

^'igilallts,  nicniljcrsofVig.  Com.,i.  18. 

Villa,  ^I.  dfl  llosario,  husband's  mur- 
deress, i.  03. 

Villasequc,  on  Vi;.^.  Com.,  ii.  531. 

Virgin,  roldjcry  tif,  i.  22G-8. 

X'irginia  City,  early  growth,  i.  001; 
rioters  in,  i.  G12;  Vig.  Com.,  617- 
18. 

Visalia,Vig.  Com.,  i.  471-4;  KuKlux 
Klan,  i.  472. 

Vivian,  killing  of,  i.  532. 


\V 

Vv'adc,  J.,  opposes  Vig.  Com.,  ii.  325. 
^^'ildo,  O.  11.,  merchant,  ii.  80. 
\Vads\voi'th,  .1.  C.  L.,  Jenkins'  execu- 
tion,  i.    233;   seizes  Whittaker,  i. 

330-7;  addresses  Vig.  Com.,  ii.  407. 
^^^agner,  J.,  road-agent,  i.  681 ;  hanged 

liy  vigilants,  i.  083. 
Wakeman,  Xed.,  chief  water-police, 

i.  223;  Jenkins'  execution,  i.  234. 
Walden,  in  mob's  hands,  1.  174. 
Waldo,   W'.,   candidate   for  gov.,   i. 

453. 
Walker,  J.,  hanging  of,  i.  019. 
^Valker,  W.,  editor,  i.  138-9. 
Wall,  (■■■tage-robber,  i.  715. 
Wallace,  U.,  escapes  mob,  i.  563. 
Wallace,  R.  B.,  on  Vig.  Com.,  ii.  532. 
Walla  AValla,  character  early  settlers, 

i.  035-0. 
Walla  Walla  Valley,   Vig.    Com.,   i. 

035-8. 
Walroth,  merchant,  ii.  80. 
Walter,  ,L,  shot,  i,  700-1. 
Walters,  hanging  of,  i.  073. 
Ward.  F.,  opposes  Hounds,  i.  98, 
Ward,  (i.  ]{.,  trc.'is.,   Vig.   Com.,    i. 

219,  221 ;  .lenkins'  execution,  i.  235; 

on  Exec.   Com.,   1851,  i.  .394;  1850, 

ii.  113;  King's  a-ssassination,  ii.  04; 

Terry's  arrest,  ii.  382;  urges  capture 

of  arn^s,   ii.    387;    com.   on   pueblo 

papers,  ii.  524. 


Ward,  James  C,  nssoc.  justice  with 

alcalde,  i.  99;  on  Exec.  Vig.  Com., 

i.  394. 
Ward,  John,  Barclay's  execution,  i. 

550. 
Wardwell,  clerk,  i.  206. 
Washington,  early  society,   i.   58-9; 

pop.  trib.,  i.  034-44. 
Washington  Guards,    rescue    Janscu 

robbers,  i.  184. 
Washoe.     See  Nevada. 
Waterman,  Capt.,  saved  by  Vig.  Com., 

i.  308. 
Watkins,  recorder,  opi)oses   mob,   i. 

523. 
Watkins,  G.  B. ,  King's  assassination, 

ii.  03;  joins  Vig.  Com.,  ii.  75;  chiof 

vig.  police,  ii.  93;  helps  take  jail,  ii. 

182,  191;  Cora's  trial,  ii.  233. 
Watson,  G.  F.,  military,  Vig.  Com., 

ii.  177;  parade,  ii.  531. 
Watson,  W.,  hanged  by  mob,  1.  544. 
Watson  (Sac),   on  Exec.  Vig.  Com., 

i.  441. 
W^atsonville,  mob,  i.  555-0,  509. 
Wea^wns,  effect  of  carrying,  i.  120-2. 
Weaver  Creek,  pop.  trib.  in,  i.  520. 
Weaverx'ille,  pop.  trib.,  i.  457,  519. 
Webb,  hanged  by  mob,  i.  508. 
Webb,  ex-mayor,  addresses  Vig.  Com. , 

ii.  318. 
Webb,  H.  N.,  assaulted,  ii.  004. 
Webb,  S.  P.,  on  Vig.  Com.,  ii.  135.   * 
Weiger,  Con.,  hanged,  i.  717. 
Weljh,  Mike,  shooting  of,  i.  054. 
WcUer,  J.  B.,  action  near  mob,  i.  585; 

counsel    for    Herbert,    ii.   501;    as 

gov.,  ii.  589. 
Wells,  A.,  as  judge,  ii.  333;  letters 

of,  ii.  334-7. 
Wcmah,  Indian  chief,  i.  525. 
Wcntworth,  H.,  hanged,  i.  700. 
West,  Col.  J.  II.,  commands  militia, 

ii.  103;  surren(lers  armory,  ii.  390. 
Wctmore,  C.  E.,  aids  Vig.  Com.,  ii. 

372-3. 
Wheeler,  Rev.  0.  C,  sustains  vigil- 
ants, i.  203;  Sacksin's  punishment, 

i.  448;  attends  execution,  i.  448. 
Whisler,  G.  R.,  murder  of,  i.  732. 
White,  G.  W.,  seizure  Whittaker,  i. 

302. 
White,  Jack,  kills  Fudgett,  i.  463. 
White,  Jim,  expelled  state,  ii.  281 ,  592. 
White  Pine,  lawlessness  in,  i.  014. 
AVhite,  II.,  shot  by  mob,  i.  734. 
White,  Sam,  shoots  Flory,  ii.  338. 
White,  W.  H.,  on  Exec.  ^  ig.  Com., 

i.  394. 
White  Oak  Springs,  pop.  trib.  in,  i.  524. 


772 


INDEX. 


Wliitford,  J.,  hanged,  i.  748. 

Whittakc,  S.,  memb(5r  Stuart's  gang, 
i.  287,  -.35;  see  Stuart's  confession, 
i.  290-2;  captured  by  vigilants,  i. 
336,  3r)0-G4;  trial,  1.  341-3;  confes- 
sion, i.  343-9;  execution,  i.  3G3-4. 

Wightmaii,  P.,  indicted  for  murder, 
ii.  49,  2.S4;  on  black  list,  ii.  281. 

Wilcox,  C'apt.,  i.  724. 

Wild  Horse  District,  law  in,  i.  G49. 

Wildred,  robber,  tiial,  i.  180-94;  see 
Whittakor's  confession,  i.  34.")-8. 

AVilkerson,  Pole,  escapes  mob,  i.  544. 

Wilkins,  C.,  murderer,  hanged  by 
citizens,  i.  509;  confession,  i. 510-11. 

Williams,  in  mob's  hands,  i.  527. 

Williams,  J.  J.,  Bcuicia  conference, 
ii.  307. 

Willis,  J.,  hanging  of,  i.  730;  exploit 
of,  i.  731-2. 

Wills,  W.,  hanged  by  Vig.  Com.,  i. 
637. 

AVilson,  sheriff,  in  mob's  hands,  i.  571. 

NV'ilson,  B.  D.,  mayor,  1.  489. 

Wilson,  C. ,  hanged  by  vigUants,  i.  701 . 

Wilson,  Gen.,  presides  mass-meeting, 
i.  134;  ii.  681. 

Wilson,  James,  sentence  of,  i.  451. 

AV'ilson,  Joseph,  trial  and  execution, 
i.  707-12. 

Wilson,  .Judge  (Sac),  attacked,  1.  447. 

Wilson,  Judge  (Montana),  on  pop. 
trib.,  i.  678. 

Wilson,  W.,  thief,  i.  138. 

WineniUer,  A.,  hanged,  i.  706. 

Winnemucca,  Vig.  Com.,  i.  621. 

Witena-gemot,  nature,  i.   ;. 

Women,  execution  of,  i.  63-6,  583-6; 
regarded  by  Cal.  miners,  i.  577-8. 

Wood,  presents  jietition,  1.  404. 

Wood,  Col.,  on  pop.  trib.,  i.  678. 

Wood  (Los  Angeles),  arrest  and  hang- 
ing of,  i.  508-9. 

Wood,  J.  M.,  hangmg  of,  i.  671,  706. 

Wood,  I.  C,  partner,  Adams  and  Co., 
ii.  23. 

Woodbridge,  Rev.  Dr.,  views  on  Vig. 
Com.,  ii.  662. 


Woodruff,  E.,  member  vigilants,  i. 
4.")4. 

Woodworth,  F.  A.,  joins  Vig.  Com., 
i.  210;  Burdue's  trial,  i.  270;  on 
Exec.  Com.,  1.  394. 

Woodworth,  S.  E.,  on  Vig.  Com.,  1. 
210;  prest.  gen.  com.,  i.  218;  char- 
acter, i.  247-8;  vice-prcst.  Vig.  Com., 
i.  384,  394;  prest.,  ii.  19. 

Woodworth,  W.  A.,  aids  Vig.  Com., 
ii.  339. 

Wool,  Gen.  J.  E.,  commander,  Cal., 
ii.  290;  relation  to  Vig.  Com.,  1856, 
ii.  162-3,  293-4,  310-15. 

Woolman,  J.,  marshal,  jjop.  trib.,  i. 
709. 

Woolsey,  K.  S. ,  threatened  by  despe- 
rados, i.  728-9;  apprehendd  crimi- 
nals, i.  733. 

Work  (Canada),  justice,  i.  645. 

Work  (Sonora),  opposes  mob,  i.  176-7. 

Wrangel,  Fort,  trib.,  i.  644-5. 

Wyse,  criticism  on  American  law,  i. 
14-15. 


Yager,    E.,    road-agent,    hanged   by 

vigilants,  i.  681. 
Yankee  Jim,  early  life  at,  i.  525. 
Yerba  Buena,  American   flag  raised, 

name  dropped,  i.  103. 
Yoakum,  Thos.  and  Wm.,  hanged  by 

vigilants,  i.  473. 
Young,  hanging  of,  i.  741. 
Yuma,  Fort,  established,  i,  723-4. 


Zabriskie,  C.  B.,  commissioner  to  Vig. 

Com.,  ii.  452-5. 
Zabriskie,  J.  C,  commissioner  to  Vig. 

Com.,  ii.  452-5. 
Zachary,  Bob.,  hanged  by  vigilants, 

i.  687. 
Zavaleta,  D.,  murderer,  hanging  of, 

i.  490-1. 


